| Case ID |
1413da94-9fca-4320-8c20-383b3ee738f5 |
| Body |
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| Case Number |
Petition for Special Leave to Appeal No. 76 R of 1 |
| Decision Date |
Oct 07, 1979 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan dismissed the petition for special leave to appeal, affirming the order of the High Court which had upheld the decision of the Special Judge (Customs and Taxation) to take cognizance of the offence. The Court ruled that the negative report from the investigating officer does not preclude the Special Judge from taking cognizance of the offence if prima facie evidence is available. Furthermore, the Court stated that the mistakes made in the claims for export rebates did not provide sufficient grounds for interference in the lower court’s decision. The petitioners' arguments regarding the competence of the Special Judge and the nature of the evidence were found to lack merit, leading to the dismissal of the petition. |
| Summary |
In the case of Abdul Rauf and others vs. The State, the Supreme Court of Pakistan addressed significant issues regarding cognizance of offences under the Customs Act and the Criminal Procedure Code. The petitioners challenged the order of the Special Judge who took cognizance of an alleged offence despite a negative report from the investigating officer. The Court highlighted that the Special Judge had the authority to proceed based on the prima facie evidence available. The case involved claims for export rebates and alleged misdeclarations leading to legal repercussions for the petitioner entities. Ultimately, the Supreme Court affirmed the lower court's decision, emphasizing the importance of judicial discretion in taking cognizance of offences. This case sheds light on the procedural intricacies of customs law and judicial authority, making it a pivotal reference for similar cases in the future. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Liberty Mills Ltd.,
Sind Textile Mills Ltd.
|
| Judges |
Dorab Patel,
Muhammad Afzal Zullah
|
| Lawyers |
A. K. Brohi,
Khalid Anwar,
S. M. Abbas
|
| Petitioners |
Abdul Sattar,
Abdul Rauf
|
| Respondents |
The State
|
| Citations |
1980 SLD 164,
1980 SCMR 58
|
| Other Citations |
P L D 1967 S C 425,
P. S. L. A. No. 66 of 1966,
P L D 1967 Lah. 176,
1972 SCMR 335
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Customs Act (IV of 1969),
Constitution of Pakistan (1973)
|
| Sections |
190(1)(b),
439,
185 A(1)(a),
161(10),
156(14),
185(3)
|