Director of Intelligence

Accused persons were alleged to have transported poppy seeds for which Customs officials filed case under the provisions of Control of Narcotic Substances Act, 1997

Both the accused were acquitted by Trial Court and Director Intelligence of Customs filed appeal against acquittal

Validity

It might be that appellant being Director Intelligence and Investigation Federal Board of Revenue, in his view was a person aggrieved by the order of acquittal so as to fall within the purview of S.417 (2A), Cr.P.C.

It was the Federal Board of Revenue that lodged FIR, filed Challan and prosecuted the case and as such was the most concerned with the outcome of the case

When acquittal came in the Director Intelligence had every right to feel aggrieved and dissatisfied with acquittal order which related to a customs case although triable under Control of Narcotic Substances Act, 1997

Appellant could only file appeal in his capacity as Director under S.185-F of Customs Act, 1969, read with notification SRO 486(I)/2007, dated 9-6-2007, but was not entitled to file an appeal through or on behalf of the State which could only have been done by a duly authorized and instructed law officer

Director Intelligence and Investigation had no lawful authority to file appeal through the State against acquittal of accused persons

Appeal was dismissed in circumstances.