JUDGMENT ANALYSIS / Customs & Trade

Are nighttime Customs raids lawful without the prescribed witnesses and prior approval?

Atta Ullah and ten others v. Federation of Pakistan and others

DECISION IN BRIEF

Customs searches under section 163 must comply with applicable Criminal Procedure Code safeguards and FBR directions; an anticipated protest does not dispense with the required process for a nighttime raid. The Court declared the challenged search and seizure unlawful.

01Overview of the Case02Brief Facts03Questions of Law04The Court's Answers05Practical Relevance

01 / ANALYSIS

Overview of the Case

The Lahore High Court examined an overnight raid on traders' shops and godowns in Multan under sections 162–163 of the Customs Act, 1969. The central question was whether Customs officers could depart from statutory search procedures and binding FBR operating directions to avert resistance. The Court treated prescribed safeguards as substantive legal requirements rather than optional formalities.

02 / ANALYSIS

Brief Facts

Traders operating in the Tyre Market near Vehari Chowk, Multan, challenged a Customs (Enforcement) operation conducted during the night of 28–29 January 2026 with police assistance. The traders alleged that closed premises were forcibly entered, goods were seized and inventory and witness requirements were not observed. Customs authorities disputed the allegations of wrongdoing but explained that the operation had been undertaken at night to avoid anticipated resistance or protests. The traders petitioned the High Court seeking to invalidate the search and consequential proceedings.

03 / ANALYSIS

Questions of Law

  1. Which criminal-procedure safeguards apply to a Customs search under section 163?
  2. Could officials conduct a nighttime raid without the approval required by FBR directions?

04 / ANALYSIS

The Court's Answers

QUESTION 1

Which criminal-procedure safeguards apply to a Customs search under section 163?

Answer. Section 103 of the Code of Criminal Procedure applies to searches made under section 163 of the Customs Act, whether with or without warrants, including the statutory witness safeguards. The Court found that the procedure adopted in the challenged operation had not complied with those requirements.

IN THE COURT'S WORDS

“Section 103 of Cr.P.C, which is applicable to search with or without warrants, shall be applicable.”

Judgment, paragraph 8
QUESTION 2

Could officials conduct a nighttime raid without the approval required by FBR directions?

Answer. No. The respondents were obliged to observe the applicable directions for nighttime searches, including prior approval by the Chief Collector or Director General of Intelligence and Investigation-Customs, as appropriate. Anticipated unrest did not excuse non-compliance; the search and seizure were held without lawful authority.

IN THE COURT'S WORDS

“the prior approval of Chief Collector of Customs or the Director General of I&I-Customs was to be obtained”

Judgment, paragraph 12

05 / ANALYSIS

Practical Relevance

Importers, warehouse operators and traders should maintain contemporaneous records of a raid: warrant or stated statutory authority, time, officers present, independent witnesses, inventory, goods detained, and any required approval. Challenges should identify the precise procedural safeguard disregarded. The judgment does not create general immunity from lawful Customs enforcement.