THE STATE vs HAMTHO — 1971 SCMR 686

Citation: 1971 SCMR 686

Court: Supreme Court of Pakistan

Year: 1968

Decision Date: 1968-09-17

Parties: THE STATE vs HAMTHO

Headnotes

Case cited as 1971 SCMR 686

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Hamoodur Rahman, Fazal-e-Akbar Title: THE STATE vs HAMTHO Case No.: Petition for Special Leave to Appeal No. K-12 of 1968 Date of Judgment:1968-09-17 Reported As: 1971 SCMR 686 Result: Petition dismissed JUDGMENT JUDGMENT HAMOODUR RAHMAN, J.-This is a petition for special leave to appeal from the judgment of a Division Bench of the High Court of West Pakistan at Karachi upholding the acquittal of the respondent by the Sessions Judge, Tharparkar, in appeal. The respondent had been convicted by a Sub-Divisional Magistrate for an offence under section 167(81) of the Sea Customs Act. It was contended before the learned Sessions Judge in appeal that the conviction was void as the accused could not be challaned by the police for trial either under the provisions of the Sea Customs Act or under the Land Customs Act. The procedure for trial of such offences was, according to this plea, prescribed by section 7, subsection (2) of the Land Customs Act, 1924 and this required that the Land Customs Officer should in the case of an offence committed by bringing in or taking out prohibited goods by land, make a complaint to a Magistrate. The High Court agreed with this view and repelled the contention of the Assistant Advocate- General that the amendment of section 9 of the Land Customs Act by the Customs Acts (Amendment) Ordinance, 1962, had not empowered Police Officers to send up persons for trial in any other manner. By virtue of the…

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