Law: Customs Act, 1969

Section: 156(1)(8)(89),185-F

Law: Criminal Procedure Code (V of 1898)

Section: 154

Law: Foreign Exchange Regulation Act, 1947

Section: 8(2)

(a) Customs Act (IV of 1969)- -S. 156(1)(8)(89)-Foreign Exchange Regulation Act (VII of 1947), S.8(2)-Criminal Procedure Code (V of 1898), S.154-Smuggling- Restriction to take or send Currency out of Pakistan-Delay in lodging of FIR-Effect-Record transpired there was four days unexplained delay in lodging of FIR-Circumstances suggested that FIR had been lodged after due deliberation and consultation, which created serious doubt regarding involvement of the accused in the alleged crime. (b) Customs Act (IV of 1969)- -S. 156(1)(8)(89)-Foreign Exchange Regulation Act (VII of 1947), S.8(2)-Smuggling- Restriction to take or send currency out of Pakistan-Prosecution case was that accused, who was driving the truck, was stopped, near the Boarder of China, checked and a carton lying near driver seat was found containing Pakistan currency amounting to Rs. 8899500/-Accused, on inquiry stated, that he was taking the money to give to co-accused which was sent by someone through him-Prosecution case was that someone had handed over the disputed currency to the accused for onward transmission to the co-accused, but the prosecution had failed to produce witness to prove its version-Prosecution had not produced and examined the person who allegedly sent the currency for co-accused-Prosecution had cited six witnesses in calendar of witnesses of challan but had abandoned three material witnesses including FIR lodger, who had submitted challan in the court-Prosecution had produced and examined complainant and two other customs officials as witnesses in the Trial Court-No independent/impartial witness was either cited in the calendar of witness of challan-Conviction could not be ordered on the basis of statement of complainant and his colleague customs officials-Record showed that neither case property /currency notes were produced in the court at the time of recording evidence, which was mandatory, nor FIR had been exhibited while recording statement of the complainant- Currency was allegedly recovered from possession of the accused within territory of Pakistan and there were check posts at the border to check smuggling-Prosecution had failed to produce any documentary and oral…

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