| Case ID |
0fe32207-4966-4c51-95ea-e647aa269a5e |
| Body |
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| Case Number |
Petitions Nos. 123 to 127, 132; 133 to 144 and 158 |
| Decision Date |
Sep 14, 1967 |
| Hearing Date |
Apr 26, 1967 |
| Decision |
The Sindh High Court ruled that the searches conducted by Customs Officers at the premises of the petitioners were invalid due to non-compliance with the statutory provisions of the Sea Customs Act, particularly Section 172-A. The court emphasized that the Customs Officers failed to prepare a written statement of belief before conducting the searches, which is a fundamental requirement to ensure that searches are carried out lawfully. Consequently, the court declared that the seizure of goods resulting from these illegal searches was also invalid. The court did not restore the goods to the petitioners, as it was determined that the jurisdiction of the Collector of Customs to initiate proceedings under item 81 of section 167 of the Act was not affected by the illegality of the searches. The court highlighted the importance of adhering to legal safeguards to protect citizens' rights against arbitrary actions by the state. |
| Summary |
In the case of the Sindh High Court's ruling regarding the validity of searches conducted by Customs Officers, the court found that the searches were performed without the necessary statutory compliance, specifically noting the lack of a written statement of belief as mandated by Section 172-A of the Sea Customs Act. This decision underscores the critical balance between law enforcement and citizens' rights, emphasizing the need for proper legal procedures to prevent arbitrary state action. The ruling is significant for those involved in customs law and highlights the importance of compliance with legal standards in administrative actions. Legal professionals, customs authorities, and affected businesses should take note of this case as it may influence future customs-related legal proceedings and the protection of constitutional rights under the Constitution of Pakistan. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
ILLAHI BAKHSH KHAMISANI,
A. S. FARUQUI,
ANWARUL HAQ
|
| Lawyers |
A. K Brohi,
Tufail Ali,
Zia G. Shaikh,
M. Safdar,
Shah Jamil Alam,
Naeem-ud-Din
|
| Petitioners |
S. M. YOUSUF AND OTHERS
|
| Respondents |
COLLECTOR OF CUSTOMS and others
|
| Citations |
1968 SLD 132,
1968 PLD 599
|
| Other Citations |
L. O. Clarke v. Brajendra Kishore I L R 36 Cal. 433,
I L R 39 Cal. 953,
Maruti Sakra Gond and others v. Emperor A I R 1944 Nag. 328,
Nazir Ahmad v. Emperor ' A I R 1936 P C 253,
Yusuf Ali v. Muhammad Aslam Zia and two others P L D 1958 S C 104,
K. Hoshide and another v. Emperor A I R 1940 Cal. 97,
In re: Muhammad Tahir A I R 1934 Born. 104,
Tar Muhammad & Co. v. Crown P L D 1952 Sind 61,
The Crown v. Nur Alam P L D 1955 Lah, 667,
The Crown v. Subhan P L D 1956 B J 9,
Kurma v. The Queen P L D 1957 P C 32,
Radha Kishan v. The State of Uttar Pradesh A I R 1963 S C 822,
Mst. Sadan v. The State P L P 1965 B J 12
|
| Laws Involved |
Sea Customs Act, 1878,
Constitution of Pakistan (1962)
|
| Sections |
172,
172-A,
2,
98
|