1996 PLP 1023 (MLD)
MUHAMMAD QASIM — Applicant Versus THE STATE — Respondent
| Citation | 1996 PLP 1023 (MLD) |
| Forum / Court | Karachi |
| Bench Members | N/A |
| Parties | MUHAMMAD QASIM — Applicant Versus THE STATE — Respondent |
Q1: What are the key laws and sections cited in 1996 PLP 1023 (MLD)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1996 PLP 1023 (MLD)?
The case was heard and decided by the Karachi bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1996 PLP 1023 (MLD) (MUHAMMAD QASIM — Applicant Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Headnotes / Summary
S. 497(2)
Customs Act (IV of 1969), Ss.156(1)(8) & 159
Ball, grant of-- Requirements of law as embodied in S.159 of the Customs Act, 1969 relating to search proceedings being mandatory, could not be treated as legal formalities as stated in the F.I.R. and the charge-sheet which was required to be specifically mentioned therein
Contents of the charge-sheet were merely reproduction of the contents of the case as embodied in the F.I.R.
Case against accused in circumstances fell within the ambit of S.497(2), Cr.P.C. needing further inquiry and he was admitted to bail accordingly.
Judgment & Decree
(3) Before making a search under section 158, the officer of Customs shall call upon two or more persons to attend and witness the search and may issue an order in writing to them or any of them so to do, and the search shall be made in the presence of such persons and a list of all things seized in the course of such search shall be prepared by such officer or other person and signed by such witnesses. (4) A female shall not be searched except by a female." A bare perusal of this section reveals that
(i) The officer of Customs shall inform such person about his right to be taken to a gazetted officer of Customs or Magistrate; (ii) If such person so desires, then he has to be taken without unnecessary delay to the nearest gazetted officer of Customs or Magistrate before searching him. (iii) The gazetted officer of Customs or, the Magistrate before whom such person is brought shall if he sees no reasonable ground for search, forthwith discharge the person and record reasons for doing so or else direct search to be made. The F.I.R. in this case is totally silent to radiate: (i) Whether desire of the applicant regarding his personal search was sought or not? (ii) What was the reply of the applicant/accused? (iii) Whether he desired to be searched by a gazetted Custom officer or the Magistrate?. (iv) Whether I.P.S. Mr. Aftab A. Kazi was a gazetted officer of Customs as required under section 159 of the Customs Act, 1969?
5. The requirement of law as embodied in section 159 of the Customs Act are mandatory and they cannot be treated as legal formalities as stated in the F.I.R. and charge-sheet. Therefore, they are required to be specifically mentioned in the F.I.R. or in the charge-sheet. The contents of the charge-sheet are merely reproduction of the contents of the case embodied in the F.I.R.
6. These were the reasons that application for bail was allowed and the applicant was admitted to bail in the sum of Rs.1,00,000 (Rupees one lac only) with P.R. bond in the like amount because in view of the above discussion, the matter was attracted by section 497(2), Cr.P.C. and required further enquiry. Copy of this order be sent to Collector of Customs, Karachi so that the concerned officers be given specific instructions neither to ignore the mandatory requirements of section 159 of the Customs Act, 1969 nor they be treated as formalities. N.H.Q./M-15/K Bail allowed.