Supreme Court Directs Parliament to Amend Smuggling Act

The Supreme Court has issued a directive to the Parliament to amend the Prevention of Smuggling Act 1977 in response to existing procedural gaps and the need for the state to have the right to appeal. This decision came after Justice Shahid Waheed's detailed judgment following an appeal by the Anti-Narcotics Force (ANF) against a ruling by the Peshawar High Court.

The court highlighted deficiencies in the current law, particularly the absence of provisions for correcting erroneous orders. It emphasized the importance of legislative intervention to address these issues, as the current law limits appeals to only a 'person aggrieved,' leaving no room for the state to appeal against a Special Judge's decision under Section 43.

Upon reviewing international practices, the court found that most jurisdictions allow the state or government to appeal court decisions if dissatisfied with the outcome. Therefore, the Supreme Court recommended amending the Act to grant the state the right to appeal under Section 43, aligning it with the law's intended objectives.

In a specific case involving the ANF providing information to the Special Judge about properties suspected of being acquired through smuggling, the court ruled in favor of the accused due to the existing limitations on the state's right to appeal. This prompted the Supreme Court to intervene and advocate for legislative amendments to enable state intervention in cases related to criminal activities like smuggling.

The Supreme Court's directive to amend the Prevention of Smuggling Act 1977 marks a significant step towards addressing procedural gaps and ensuring the state's right to appeal in cases involving smuggling. By recommending legislative changes to allow state intervention, the court aims to strengthen the legal framework and enhance accountability in combating criminal activities. This decision underscores the importance of aligning laws with international practices to uphold justice and protect the interests of the state.