Search
Search legal meaning, translation and judicial precedents.
Meaning & Judicial Interpretation: (اردو مفہوم اور قانونی تشریح)
Search carried out in terms of S.163 of Customs Act, 1969, without recourse to mandatory provision of S.162 of Customs Act, 1969 is illegal
Any case made out on the basis of goods/documents seized on the basis of such search cannot be used against the person from whose premises the same have been obtained.
Application of S.103, Cr.P.C. was mandatory in nature unless it was shown by the prosecution that in the circumstances of a particular case it was not possible to have mashirs from the locality.
Association of two respectable inhabitants of the locality was not required in the case of recovery, where accused himself led the Police to a particular place; and had got articles recovered in true spirit of Art.40 of Qanun-e-Shahadat, 1984.
Search -Carried out at night-Not illegal. 0
By unauthorised officer -Evidence regarding search, hell, admissible. The test to be applied in considering whether evidence as to a search held by an unauthorised person is admissible is whether it is relevant to the matters in issue. If it is it is admissible and the Court is not concerned with how the evidence was obtained.
By unauthorised person-Will not vitiate trial.
"Search", Pakistan Law Portal, available at: https://paklawportal.com/words-terms-maxims/21983
Precedents & Case Laws citing "Search"
2015 P T D 1520
PAKISTAN CHIPBOARD (PVT.) LTD. through Chief Executive Officer Versus FEDERATION OF PAKISTAN through Revenue Division and 5 others
Court: Lahore High Court1984 P Cr
Shaikh ISRAR AHMAD-Petitioner Versus THE COLLECTOR OF CUSTOMS AND 2 OTHERS- Respondents
Court: Karachi2018 P L C (C
Prof. Dr. ZAFAR IQBAL Versus PROVINCE OF PUNJAB and others
Court: Lahore High CourtP L D 1999 Lahore 297
MUHAMMAD BILAL and another — Petitioners Versus SUPERINTENDENT OF POLICE, DERA GHAZI KHAN and another — Respondents -
Court: High Court2004 P T D 1339
MEGNA TEXTILE MILLS Versus COLLECTOR OF CUSTOMS
Court: Lahore High Court1989L74
Before Rustam S. Sidhwa, J Versus THE STATE‑‑Respondent
Court:1997 P Cr
MOINUDDIN — Appellant Versus THE STATE — Respondent
Court: Karachi1972 P T D 205
SRI VENKATESWARA LODGE Versus COMMISSIONER OF INCOME‑TAX, HYDERABAD, AND OTHERS
Court: Andhra Pradesh (India)P L D 1988 Lahore 146
Syed ABDUL NABI‑‑Appellant Versus THE STATE‑‑Respondent
Court: ‑‑‑ Ss. 158, 159(l) & 156 (1) (8) ‑‑Search‑‑ Attempt to smuggle‑‑ Customs Inspector, before searching the accused did not inform him about his right to be taken to a gazetted officer of Customs or a Magistrate for such search and, if he so desired, to take him, without unnecessary delay to the said gazetted Officer or Magistrate before searching him‑‑ Held, Customs Inspector had the right to search the accused under S. 158, if he had first informed the accused that he had a right to be searched before a gazetted Officer of Customs or a Magistrate, if he so desired, and accused had waived such a right.‑ Search.1981L2
Before M. S. H. Qureshi, J Versus ZULFIQAR AHMAD AND 2 OTHERS‑Respondents Writ Petition No. 711 of 1980, decided on 20th July 1980.
Court: Police Officer not shown to have recorded statement of grounds of his belief as to goods being likely to be removed nor a signed copy of such statement left at place searched‑Such defects neither minor nor just technical but violative of basic conditions prescribed under S. 163 of Act breach of which strikes at protection guaranteed under Art. 4 of . Con stitution‑Search and seizure of goods in circumstances declared to be without lawful authority and subsequent proceedings as non‑existent in eye of law‑Goods seized in case directed to be returned to peti tioner.‑Search.