| Case ID |
2b77ecc2-6267-4b79-9f85-5435503ec6cc |
| Body |
View case body. Login to View |
| Case Number |
Writ Petition No. 1272 of 2002 |
| Decision Date |
Jun 22, 2005 |
| Hearing Date |
|
| Decision |
The Peshawar High Court ruled in favor of the petitioners, declaring that the impugned FIR was filed without any legal authority and was void. The court emphasized that the allegations made against the petitioners did not constitute an offense under the Customs Act, 1969. Consequently, the respondents were found to have no basis for conducting an investigation under the provisions of said Act or any other law cited in the FIR. The court's decision highlighted the importance of adhering to legal procedures and the authority of customs officials in initiating criminal proceedings. |
| Summary |
In the case of Writ Petition No. 1272 of 2002, the Peshawar High Court addressed the legal validity of an FIR filed against the petitioners under the Customs Act, 1969. The petitioners, represented by their lawyer, contended that the FIR was initiated based on allegations of theft and forgery concerning bank guarantees. However, the court found that the allegations did not constitute an offense under the relevant customs laws. The decision underscored essential legal principles regarding the authority of customs officials and the necessary legal foundation for criminal proceedings. The ruling emphasized the protection of the petitioners' rights and affirmed that the FIR was declared void, preventing any unwarranted investigation into the matter. This case serves as a critical reference in understanding the intersection of customs law and the procedural rights of individuals involved in commercial transactions. |
| Court |
Peshawar High Court
|
| Entities Involved |
|
| Judges |
EJAZ AFZAL KHAN,
SALIM KHAN
|
| Lawyers |
Mian Abdul Ghaffar,
Waqar Ahmad Seth
|
| Petitioners |
DR. MAQBOOL ISLAM,
Messrs M.B. Dyes Chemical and Silk Industries (Pvt.) Limited
|
| Respondents |
5 others,
COLLECTOR OF CUSTOMS and CENTRAL EXCISE, PESHAWAR
|
| Citations |
2006 SLD 661,
2006 PCRLJ 169
|
| Other Citations |
Not available
|
| Laws Involved |
Customs Act, 1969,
Sales Tax Act, 1990
|
| Sections |
161,
97,
104,
6
|