ALLAH WARAYO vs The STATE — 1972 PCRLJ 585

Citation: 1972 PCRLJ 585

Court: Sindh High Court

Year: 1971

Decision Date: 1971-11-09

Parties: ALLAH WARAYO vs The STATE

Headnotes

Case cited as 1972 PCRLJ 585

Judgment Text

Court Name: Sindh High Court Judge(s): Muhammad Haleem Title: ALLAH WARAYO vs The STATE Case No.: Criminal Miscellaneous Application No. 181 of 1971 Petition No. K-12 of 1968 Date of Judgment:1971-11-09 Reported As: 1972 P Cr. L J 585 Result: Revision allowed JUDGMENT JUDGMENT The applicant has applied for the quashment of the proceed ings pending against him in the Court of the First Class Magistrate, Thatta, under section 156 (89) of the Customs Act, 1969. They came to be instituted upon a challan submitted by A. S. I. Thatta on 27th March 1971 after he secured cloth worth Rs. 3,838 alleged to be smuggled. 2. The learned counsel for the applicant contends that no cognizance could be taken on a challan and for this he relies on section 192(2) of the Customs Act. Again he contends that having regard to the value of the cloth seized, which is less than Rs. 5,000, no prosecution could have been launched against the applicant as he could only be dealt with by the Customs Authorities under section 156(89) of the Customs Act. In support of the first contention he relies on the judgment of the Supreme Court in State v. Hamtho (Petition No. K-12/68) decided on 17th September 1968, in which it was held as under "Having examined the relevant provisions of the Land Customs Act, and the Sea Customs Act, we are unable to agree with this contention. It is now well-settled that where a statute has created a special offence and lays down a special procedure for the trial of such offence,…

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