| Case ID |
5e1c446e-bb4d-4b55-82c4-614b90cfe2eb |
| Body |
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| Case Number |
Special Criminal Miscellaneous Application No. 186 |
| Decision Date |
Oct 12, 2018 |
| Hearing Date |
Sep 11, 2018 |
| Decision |
The High Court acquitted the applicant Mumtazuddin and other co-accused of the charges under the Customs Act, 1969, due to the lack of jurisdiction by the Federal Investigation Authority (FIA) in conducting the raid. The court found that the FIA officials were not authorized to act as customs officers at the notified place, Jinnah International Airport (JIAP), Karachi, and thus any evidence obtained from the raid was deemed inadmissible. The inability of the prosecution to provide incriminating evidence and the failure to allow the accused an opportunity to declare the goods he was carrying further supported the decision for acquittal. The court emphasized the mandatory requirement for customs officers to be involved in such matters and the importance of following legal procedures during investigations and arrests. |
| Summary |
In the case of Special Criminal Miscellaneous Application No. 186 of 2016, the Sindh High Court addressed significant issues regarding the jurisdiction of the Federal Investigation Authority (FIA) in customs-related matters. The applicant, Mumtazuddin, was charged with smuggling after being intercepted at Jinnah International Airport, where parts of Glock pistols were allegedly recovered from his luggage. However, the court found that the FIA had no authority to conduct the raid, as it is the prerogative of customs officers to handle such matters at notified places. The lack of proper legal procedure, including the failure to provide the accused an opportunity to declare the goods, led to the conclusion that there was no substantial evidence against him. The court's decision to acquit the accused highlights the importance of adhering to established legal frameworks in customs enforcement and the protection of individual rights during investigations. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
FAHIM AHMED SIDDIQUI
|
| Lawyers |
Khawaja Shamas-ul-Islam,
Shehzad Mehmood,
Taj Muhammad,
Khalid Iqbal
|
| Petitioners |
Mumtazuddin
|
| Respondents |
The State
|
| Citations |
2020 SLD 233,
2020 PTD 129
|
| Other Citations |
PLD 1986 SC 192,
2011 PTD (Trib.) 174,
2005 PTD 23,
1991 PCr.LJ 644,
PLD 1995 SC 34,
1993 PCr.LJ 500,
1980 PCr.LJ 663,
PLD 1991 SC 630,
PLD 1987 Kar. 399,
PLD 1989 Lah. 435,
1977 PCr.LJ 346,
1980 PCr.LJ 116,
SBLR 2011 Sindh 1565,
2011 MLD 1075,
2005 SCMR 1540,
1999 MLD 1632,
2011 SCMR 1957,
PLD 2013 SC 401,
PLD 1997 SC 275,
2002 SCMR 634,
PLD 2002 SC 298
|
| Laws Involved |
Customs Act, 1969,
Criminal Procedure Code (V of 1898)
|
| Sections |
2(b)(s),
6,
9,
139,
156(1)(8),
161,
162,
185A,
265-K,
439,
561A
|