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Peshawar High Court 2021 Customs Act, 1969

2021 PTD 822

Power to search and arrest without warrant
COLLECTOR OF CUSTOMS, MODEL CUSTOMS COLLECTORATE, PESHAWAR
Appellant
VS
NOOR SHER ALI AND ANOTHER
Respondent

Case Laws / Head Notes / Paras

Seizure of things liable to confiscation---Power to issue search warrant---Power to search and arrest without warrant---Scope---Law through the requirement of S.163 of Customs Act, 1969, envisaging for the pre-existence of the grounds for belief of Customs Officer to be recorded before the raid by the customs officer concerned, to ensures that the search warrant is made for a bona fide purpose and on reasonable grounds which can be tested later, if challenged by the aggrieved party. When a things is to be done in a particular manner, it must be done in that manner and not otherwise.