Law:

Section:

Keywords: Defence, Prosecution, Investigation, Guilty, Possession, Production, Plea, Service Of Notice, Care, Mandatory Provisions, Illegal, Set Aside, F.I.R, Fine, Trial Court, Change, Proceedings, Goods, Notice, Payment, Impugned Judgment, Property, Evidence, Provisions, Disposed Of, Seizure, Legal Infirmity, High Court, Customs Result: Judgment set aside and the appellants were acquitted. Appeal allowed. Fine, if paid, ordered to be r JUDGMENT SAJJAD ALI SHAH, J. 1. This appeal is filed against the impugned , dated 26-8-1978 of learned Special Judge (Customs and Taxation) whereby both the appellants have been convicted for offence under section 156 (1) (89) of the Customs Act and sentenced till the rising of the Court and fine of Rs. 5,000 each in default of the payment whereof further sentenced to R. I. For six months. 2. Briefly stated the relevant facts are that on 25-7-1977 at 2-30 p. m. Raiding party from the Coast Guard near Haroon Building Dharam- shala Street Keamari apprehended appellant Iqbal while the other appellant Muhammad made good his escape, lt is alleged that appellant Muhammad had come in his care to the shop of appellant Iqbal and both these appellants had put in the dicky of car four bundles containing 90 cartons of foreign cigarettes. Mashirnama was prepared at the spot and after completion of necessary steps of investigation challan was presented in the Court. Appellant Muhammad surrendered and was granted bail before arrest. 3. Prosecution has' examined P.W. ,1 Nisar Hussain, who is Mashir, P. W. Hafeezullah, who is Principal Appraiser in Customs and has given the valuation of the stock of cigarettes seized in this case. P.W. 3 is Subedar Raza Muhammad, P. W. 4 is Naek Karamdad and P. W. 5 is Captain Iftikhar. P. Ws. 3 to 5 are members of the raiding party from the Coast Guard. P. W. 5 filed F.I.R, at 4-30 P. M. On the same day. 4. Appellants did not plead guilty and-examined three defence witnesses, namely, D.W. 1 Muhammad Shoaib, D.W. 2 Noor Muhammad and D.W. 3 Zunda Khan. 5. Azizullah Shaikh, Advocate for the appellant, has submitted that evidence brought on the record has been misread and the finding'' of the trial court is…

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