Prevention of Smuggling Act, 1977

This 1977 act gives the government special powers to combat smuggling, beyond ordinary customs enforcement, through preventive detention of suspected smugglers and forfeiture of property acquired through smuggling. Section 2 defines "smuggling" by reference to the Customs Act, 1969 (though in Chapter II it is limited to taking goods out of Pakistan), and defines "property acquired by smuggling" as property whose aggregate value exceeds one lac (100,000) rupees.

Chapter II covers preventive detention: Section 3 lets the Federal or a Provincial Government order the arrest and detention of a person to prevent them from smuggling, and requires that the grounds for detention be communicated to the person within fifteen days, giving them a chance to make a representation against the order (though the government can withhold facts it considers against the public interest). Section 4 deals with absconding suspects — a Magistrate can proceed against such a person and their property as if the detention order were an arrest warrant, or the person can be publicly directed to appear; failing to comply without a valid excuse is punishable by imprisonment for up to two years, a fine, or both. Section 5 requires Review Boards, composed of current or former Supreme Court or High Court judges, to review detention orders.

Chapter III (Sections 8-29) sets out security proceedings before a Special Judge, covering how a suspected smuggler can be required to appear, give a bond, or provide surety, with provisions for habitual offenders and a right of appeal. Chapter IV (Sections 30-43) covers forfeiture of property believed to be acquired by smuggling: Section 31 requires notice to the person holding suspect property, Section 33 places the burden of proving lawful acquisition on that person, Section 34 lets them pay a fine instead of losing the property, and Section 35 voids certain transfers made to evade forfeiture, with a right of appeal under Section 43.

Chapter V contains administrative provisions: Section 44 provides for the appointment of Special Judges, Section 46 for Special Appellate Courts, Section 47 for Special Prosecutors, Section 48 grants officials indemnity for actions taken in good faith, and Section 49 gives the act overriding effect over other laws (except its own Chapter VI, which was later omitted). This is an older act amended by a 1981 Revision and Declaration Ordinance, so current procedural details should be verified.