ISLAMABAD
Supreme Court (SC) while recommending to make amendment in Anti Smuggling Act-1977 has sent the act to parliament for review.
SC has said Anti Smuggling Act (ASA) is full of flaws.
SC has sent the copy of decision to Attorney General (AG).
7-page decision of SC has been written by Justice Shahid Waheed.
It has been further said in the decision that the right to appeal has been given to the accused only in ASA . Not giving the right of appeal to the government means the act is benefitting the accused persons.
SC has sent the copy of decision to law and justice commission and secretary law.
It has been said in the decision that NF lodged complaint in 1998 that one Ubaid Khan has made property through smuggling.
The role of ANF in ASA is only to inform special judge. The matter remains between the judge and accused after the stance of the accused comes to open. The role of complainant ends after informing the judge under ASA.
In ASA, ANF or state has not been given right to appeal. The right to appeal has been given only to the accused in ASA.
Peshawar High Court (PHC) dismissed the appeal filed by ANF being not affected party.
All over the world right to appeal has been given to state and government in ASA.
It will be appropriate that parliament should review the law so that the right to appeal could be given to state.
