1984 P Cr (PLP)
PIRU-Appellant Versus THE STATE-Respondent
| Citation | 1984 P Cr (PLP) |
| Forum / Court | Karachi |
| Bench Members | Sajjad Ali Shah, J |
| Parties | PIRU-Appellant Versus THE STATE-Respondent |
| Primary Law | Customs Act (IV of 1969) |
Q1: What are the key laws and sections cited in 1984 P Cr (PLP)?
This judgment primarily cites: Customs Act (IV of 1969) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1984 P Cr (PLP)?
The case was heard and decided by the Karachi bench comprising: Sajjad Ali Shah, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1984 P Cr (PLP) (PIRU-Appellant Versus THE STATE-Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Sohail Muzafjar for Petitioner (in Cr. A No. 13/77).
- S. Sami Ahmed for Appellant (in Cr. A. 14/77).
- Dates of hearing: 21st and 22nd May, 1984.
Headnotes / Summary
S. 185-A read with S. 156 (1) (89)-Jurisdictional defect, effect of-Complaint under S. 156 (1) (89), Customs Act, filed by S. H. O. Police who was not `authorized officer' at relevant time to initiate such proceedings-Jurisdiction of Special Judge (Customs), held, affected and since he took cognizance on basis of complaint filed by a person not authorized by law, proceedings became coram non judice and illegal-Conviction and sentence set aside in circumstances.-[Complaint]. Tafazzul Hussain and others v. The Province of East Pakistan and others P L D 1961 Dacca 389 ; Income-Tax Officer Dacca v. Suleman Bai Jeewa and other similar appeals P L D 1970 S C 80 ; Adnan Afzal v. Captain Sher Afzal P L D 1969 S C 187 ; Rasheed Ahmed v. State P L D 1972 S C 271 ; Musharraf Khan v. - State P L D 1978 Pesh. 113 ; Khan Nazir and others v. State 1977 P Cr. L J 93 and Saleh Mahmood v. State 1981 P Cr. L J 179 ref. Mrs. Salma Nasiruddin for the State.
Judgment & Decree
Customs Act (IV of 1969)
S. 185-A read with S. 156 (1) (89)-Jurisdictional defect, effect of-Complaint under S. 156 (1) (89), Customs Act, filed by S. H. O. Police who was not `authorized officer' at relevant time to initiate such proceedings-Jurisdiction of Special Judge (Customs), held, affected and since he took cognizance on basis of complaint filed by a person not authorized by law, proceedings became coram non judice and illegal-Conviction and sentence set aside in circumstances.-[Complaint]. Tafazzul Hussain and others v. The Province of East Pakistan and others P L D 1961 Dacca 389 ; Income-Tax Officer Dacca v. Suleman Bai Jeewa and other similar appeals P L D 1970 S C 80 ; Adnan Afzal v. Captain Sher Afzal P L D 1969 S C 187 ; Rasheed Ahmed v. State P L D 1972 S C 271 ; Musharraf Khan v. - State P L D 1978 Pesh. 113 ; Khan Nazir and others v. State 1977 P Cr. L J 93 and Saleh Mahmood v. State 1981 P Cr. L J 179 ref. Sohail Muzafjar for Petitioner (in Cr. A No. 13/77). S. Sami Ahmed for Appellant (in Cr. A. 14/77). Mrs. Salma Nasiruddin for the State. Dates of hearing: 21st and 22nd May, 1984.