Supreme Court recommends amendment to Anti-Smuggling Act 1977
Pakistan
State and government have no right to appeal under this act
ISLAMABAD (Dunya News) - The Supreme Court of Pakistan (SC) has recommended the amendment to the Anti-Smuggling Act 1977 and sent it to parliament for review.
SC stated in its verdict that the Anti-Smuggling Act has discrepancies, as only the accused was given the right to appeal, while the Government had no right to appeal, intending that this act is benefiting the accused.
SC has sent the copy of the verdict to Law and Justice Commission, Law secretary, and the attorney general.
SC’s seven-page verdict was written by Justice Shahid Waheed. The verdict implied that the Anti-Narcotics Force (ANF) filed a complaint in 1998 against citizen Ubaid Khan for making property through smuggling.
The verdict mentioned that ANF’s role is only as the complainant to the special judge. The matter only remains between the judge and accused after the accused presents his arguments.
The role of the complainant ends after informing the judge about the matter, according to the Act.
The verdict mentioned that ANF’s role will be diminished and unaffected with the judgment of the case after the resolution of the complaint.
ANF and the state have no right to appeal under this Act; the right to appeal is only provided to the accused.
Consequently, the Peshawar High Court dismissed ANF’s appeal in this case as ANF was not an affected respondent in this case.
SC’s judgment stated that states and governments across the world have the right to appeal in Anti-Smuggling Law. Therefore, Parliament must take this law into consideration and grant the state the right to appeal.
