Customs and excise – Powers. The power of stop and search of baggage laid down in s 78(2) of the Customs and Excise Management Act 1979 could be exercised when there was an objective necessity for a system of search, not only when there was an objective necessity to stop and search the individual concerned. The Court of Appeal, Civil Division, in dismissing the claimant's appeal, held that Parliament had chosen to remove the threshold of reasonable suspicion of an individual in the previous version of the legislation, so that a necessary process or system would be enfranchised.