| Case ID |
256b3e19-0b00-4e19-bad0-bc2081153b7c |
| Body |
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| Case Number |
First Appeal from Order No. 116 of 1998 |
| Decision Date |
Apr 23, 1998 |
| Hearing Date |
|
| Decision |
The appeal filed by Asif Javed was dismissed in limine. The court held that the legality of the foreign currency removal at the time of seizure was determined by the law in effect on that date, which classified the act as a crime. Subsequent changes to the law did not absolve the petitioner of culpability. The decision to modify the fine was acknowledged, but the core argument regarding the legality of the act was rejected. The ruling reinforced that the law at the time of the act governs the determination of whether a crime has occurred. |
| Summary |
This case revolves around the illegal removal of foreign currency by the petitioner, Asif Javed, who was apprehended at Peshawar Airport. The court examined the implications of the Customs Act, specifically sections 156 and 196, which address the removal of currency from Pakistan. The case emphasizes that the legality of an act is assessed based on the law in effect at the time of the act. Despite changes in law that legalized such actions post-seizure, the original act remained a crime. The decision clarifies the responsibilities of individuals regarding compliance with customs regulations and the consequences of violations. This case is significant for understanding the application of the law concerning customs violations and the importance of adhering to legal standards at the time of actions taken. |
| Court |
Peshawar High Court
|
| Entities Involved |
State Bank of Pakistan,
Customs Central Excise and Sales Tax Appellate Tribunal, Islamabad,
Collector of Customs and Central Excise, Peshawar
|
| Judges |
JAWAID NAWAZ KHAN GANDAPUR,
NASIR-UL-MULK
|
| Lawyers |
Mian Zamarrud Shah
|
| Petitioners |
Asif Javed
|
| Respondents |
THE COLLECTOR CUSTOM
|
| Citations |
1998 SLD 1485 = 1998 CLC 1840
|
| Other Citations |
Not available
|
| Laws Involved |
Customs Act, 1969
|
| Sections |
156,
196
|