Islamabad: The Supreme Court has recommended amending the Anti-Smuggling Act of 1977 and has stated that there are deficiencies in the act that need to be rectified.
According to Express News, the Supreme Court has referred the Anti-Smuggling Act of 1977 to Parliament for review, stating that the act is full of flaws. The act only grants the right of appeal to the accused, which means that the government is being disadvantaged by the act.
The Supreme Court mentioned that in 1998, a complaint was filed by the Anti-Narcotics Force (ANF) stating that a person named Abid Khan had built property through smuggling activities. The role of ANF in the Anti-Smuggling Act is only to inform the special judge. After the accused’s position is revealed, the matter remains between the judge and the accused. Once the complaint is lodged, the role of the ANF ends, and they are not affected by the decision.
The Supreme Court further stated that the ANF or the state is not granted the right to appeal in the Anti-Smuggling Act. The right of appeal is only given to the affected party, i.e., the accused. The Peshawar High Court dismissed the appeal of the ANF as they were not the affected party. Governments worldwide have been granted the right of appeal in anti-smuggling laws, so it would be appropriate for Parliament to review the law in order to grant the state the right of appeal.