THE STATE vs HAMTHO

1. HAMOODUR RAHMAN, J.-This is a petition for special leave to appeal from the judgment of a Division Bench of the High Court of West Pakistan at Karachi upholding the acquittal of the respondent by the Sessions Judge, Tharparkar, in appeal.

2. The respondent had been convicted by a Sub-Divisional Magistrate for an offence under section 167(81) of the Sea Customs Act. It was contended before the learned Sessions Judge in appeal that the conviction was void as the accused could not be challaned by the police for trial either under the provisions of the Sea Customs Act or under the Land Customs Act. The procedure for trial of such offences was, according to this plea, prescribed by section 7, subsection (2) of the Land Customs Act, 1924 and this required that the Land Customs Officer should in the case of an offence committed by bringing in or taking out prohibited goods by land, make a complaint to a Magistrate.

3. The High Court agreed with this view and repelled the contention of the Assistant Advocate- General that the amendment of section 9 of the Land Customs Act by the Customs Acts (Amendment) Ordinance, 1962, had not empowered Police Officers to send up persons for trial in any other manner. By virtue of the amendment Police Officers could only be notified as Land Customs Officers but that did not confer upon them the power of sending up cases for trial in any manner other than that prescribed in subsection (2) of section 7 of the Act.

4. The learned counsel appearing in support of this petition concedes that no complaint was lodged as required by subsection (2) of section 7 of the Land Customs Act but reiterates the arguments that were advanced in the High Court, namely, that the amendment of section 9 of the Land Customs Act by the Amending Ordinance of 1962, gave to the Police powers to send up persons for trial even in respect of offences alleged to have been committed under the Land Customs Act in the ordinary manner prescribed under the Criminal Procedure Code and that section 7 of the Land Customs Act had not altered that procedure.

5. Having examined the relevant provisions of the Land Customs Act and the Sea Customs Act, we are unable to agree with this contention. It is now well settled that where a statute g has created a special offence and lays down a special procedure for the trial of such offence, it is that procedure that must be followed and not the ordinary procedure.

6. The learned counsel has not been able to show us any provision in the Sea Customs Act authorising Police Officers to send up persons accused of contraventions of the provisions of the Sea Customs Act, for trial under a challan under the Criminal Procedure Code.

7. In the circumstances there is no substance in this petition and it is accordingly dismissed.