| Case ID |
2fe8acbc-5259-42cd-a33e-da8d0e47bee6 |
| Body |
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| Case Number |
Civil Appeal No. K-3 of 1968 |
| Decision Date |
Mar 26, 1969 |
| Hearing Date |
Jan 28, 1969 |
| Decision |
The Supreme Court of Pakistan held that the High Court had no jurisdiction to impose conditions for the release of goods that were found to have been seized illegally by the Customs authorities. The order imposed by the High Court, which included conditions such as the prohibition of sale or disposal of goods for three months, was set aside. The Court emphasized that the jurisdiction conferred by Article 98 of the Constitution is discretionary and limited to directions provided for in law. The appeal was accepted, and the conditions imposed by the High Court were declared unlawful, reaffirming the rights of the appellant. |
| Summary |
This case revolves around the adjudication of the legality of searches conducted by the Customs authorities under the Sea Customs Act, 1878. The Supreme Court of Pakistan addressed the issue of jurisdiction of the High Court in imposing conditions on the release of goods that were seized illegally. The High Court had found the searches to be unlawful but imposed conditions for the return of the goods. The Supreme Court clarified that the High Court's jurisdiction is limited to permissible directions under the law, emphasizing that any conditions not explicitly provided for in the Sea Customs Act were beyond its authority. This case underscores the importance of adhering to legal provisions and the limitations of judicial powers when enforcing customs regulations. Keywords: Sea Customs Act, High Court jurisdiction, illegal seizure, Supreme Court decision, customs authorities. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
HAMOODUR RAHMAN, C.J.,
MUHAMMAD YAQUB ALL,
SAJIAD AHMAD,
ABDUS SATTAR,
QADEERUDDIN AHMAD
|
| Lawyers |
Tufail ali A. Rehman, Senior Advocate Supreme Court,
Fakhr-ud-Din G. Ibrahim, Advocate Supreme Court,
Ali Ahmad Fazeel, Senior Advocate Supreme Court,
Shafiq Ahmad, Attorney for Respondents
|
| Petitioners |
MUHAMMAD YOUSUF
|
| Respondents |
THE COLLECTOR OF SEA CUSTOMS, KARACHI and others
|
| Citations |
1969 SLD 262,
1969 PLD 153
|
| Other Citations |
Not available
|
| Laws Involved |
Sea Customs Act (VIII of 1878),
Constitution of Pakistan (1962)
|
| Sections |
98(2)(1)
|