Law: Sea Customs Act, 1878

Section: 167(81), 177-.4

Law: Code of Criminal Procedure, 1898

Section: 165

Sea Customs Act (VIII of 1878)--Section 167(81), 177-.4 read with Criminal Procedure Code (L of 1898), S. 165--Search for seizure of prohibited articles-Prescribed procedure for conducting search not followed-Constable conducting search not examined nor articles alleged to have been recovered produced before Court-Result of sear cit, in circumstances, not capable of being impliedly relied upon in absence of other :supporting evidence� prosecution failing to prove possession of allegedly seized articles with accused beyond reasonable doubt and his concern with such articles not established-Conviction of accused set aside.Federation of Pakistan and another v. Sardar Ali and other. P L D 1959 S C (Pak.) 25 distinguished.JUDGMENT The appellant Abdul Karim alias Kamoo hag been convicted by City & A. D. M., Karachi (Mr. Muhammad Lutfullabil Majid) Invested with section 30, Cr. P. C. Powers under section 167, Clauses (8-a) and (81) of the Sea Customs Act and sentenced to three years' R. I. and to suffer five lashes. He appealed to the Court of Session, Karachi but the same was dismissed by the Additional Sessions Judge, (Mr. Ahmad Khan Barakzai). Hence the present revision application. 2. The facts of the prosecution case briefly are these. On 13-7-1966 Mr. Muhammad Khalil Ahmed Shah, Superintendent, Customs (P. W. 2) received secret information in the Directorate of Customs and Intelligence and Investigation that the applicant Abdul Karim alias Kamoo was indulging in smuggling of watches and that such contraband watches were lying in his house at Liaquat Colony, Darayabad, Karachi. A raid was organized and P. W. Muhammad Khalil Ahmed went to the house of the applicant accompanied by his staff and a lady constable. There he called two mashirs one of whom was Haji Abdur Rahman (P. W. 1), who was living on the 1st floor of the house of the applicant and he was his landlord. The applicant was not present in his house then but his wife was there. Accordingly the lady constable was deputed to conduct search of the house while the Customs Officer, his staff and the mashirs were all sitting outside the house on chairs. It is alleged that the lady constable on…