BARKAT ALI Versus COLLECTOR

ORDER

Abdul Hameed respondent equipped with the order of acquittal recorded by the learned Special Judge, Customs Lahore, dated 10-9-1991 in the case registered vide F.I.R. No. 381 of 18-12-1987 under section. 156(1)(8) and 178 of the Customs Act, 1969 at Police Station Mustafa Abad, District Kasur alleging recovery of 700 metres of cloth and 24 k.g. of almond kernal from the respondent within 400 yards of the Indo-Pak border, exercising powers contemplated by section 265-K, Cr.P.C. for failure of the prosecution to lead evidence despite availing. number of opportunities save for the recorder of the F.I.R. recoursed to Criminal Revision No.278 of 1992, with a view to securing the case property.

2. During the course of hearing whereof perusal of the record produced by the learned Deputy Attorney-General revealed that the respondent's acquittal has precipitated without issuance of any process whatsoever to the prosecution, witnesses what to talk of securing their attendance through coercive measures h under the law, which prima facie appeared to be a collusive expedition and patent illegality.

3. In view whereof suo motu notice was issued to the respondent on 18-11-1992 for showing cause as to why the impugned order shouldn't be set aside and the case be remanded for re-trial in accordance with law.

4. While their learned counsel contested arguing that the revisional powers shouldn't be exercised after such a lapse, with which I am not persuaded because it would tantamount to encouraging the patent illegality.

5. Consequently the impugned order being a nullity in the eye of law is hereby set aside and the case is remanded to the learned Special Judge Customs If for decision in accordance with law.

6. As a necessary corollary whereof Criminal Revision No.278 of 1992 fails and is accordingly dismissed.

7. In view of the discovered phenomenology learned Deputy Attorney General is required to furnish particulars of all the cases wherein acquittal has been recorded by the Court under section 265 K, Cr.P.C. during the last five years within a fortnight with a view to examining legality and propriety thereof.

N.H.Q./S-518/L Acquittal set aside.