Law: Customs Act, 1969

Section: 2(s),156(1)(89),178

Law: Prohibition (Enforcement of Hadd) Order, 1979

Section: 3/4

Law: Constitution of Pakistan, 1973

Section: 199

(a) Customs Act (IV of 1969)--- ----Ss. 2(s), 156(1)(89) & 178---Prohibition (Enforcement of Hadd) Order (4 of 1979), Arts.3/4--- Constitution of Pakistan (1973), Art.199--¬Constitutional petition---Death of petitioner during pendency of petition---Despite death of petitioner/accused during pendency of Constitutional petition, the petition was allowed to proceed because besides sentence of imprisonment, sentence of fine had also been imposed on petitioner/accused. Muhammad Akram v. The State 1998 PCr.LJ 1693 and Ramdhani Gope and others v. Jagesher Mahto AIR 1941 Pat. 526 ref. (b) Criminal trial--- ---- Stages of criminal act (Crime)---Every criminal act (Crime) in law had, three stages; first the preparation; second the taking steps for its commission, and third the causative effects i.e. consummation/completion of criminal act, but above all intention/mens rea was the most essential and integral part of a crime---In every crime it was a matter of high importance that intent and act must both concur to constitute crime -----¬An intention though could be inferred from the act of an accused, but manifestations must provide clear link therewith. (c) Criminal trial--- ---- Iron clad principle of criminal justice was that accused could not be held guilty for a crime on the basis of probabilities and high presumption and that no one would be construed into a crime without legal proof--¬Probabilities, of course, could be considered additional circumstances if other evidence incriminating in nature was available against an accused. (d) Customs Act (IV of 1969)--- ----Ss. 2(s) & 156(1)(89) & 178---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Accused, since dead, had acted according to rules contained in the Manual by asking Operation Incharge to attach with the train wagon loaded with chips at City Railway Station---No narcotics were loaded therein at that time and it was in the transit that train was brought to halt and said wagon of train was selected by unknown accused for loading in it drums containing narcotics/Charas---No link, therefore, was available between the two incidents--¬No evidence was available to the effect that…

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