Law: Criminal Procedure Code (V of 1898)

Section: 249A,265-K

Law: Customs Act, 1969

Section: 2(s),8,70,156(1),157

(a) Criminal Procedure Code (V of 1898)-- --Ss. 249-A, 265-K--Power of Magistrate/Court to acquit accused at any stage--Principles. Under section 249-A, Cr.P.C. the Magistrate is empowered to acquit any accused on two grounds i.e. charge is groundless and there is no probability of conviction, whereas under section 265-K, Cr.P.C., the court during the trial is empowered to acquit an accused, when there is no probability of conviction indicating that when there is no evidence on the record and even there is no remote probability of conviction. If there is remote probability of conviction then the court is required to record the evidence and then decide the case on evidence bought on record during the trial. Application under sections 249-A and 265-K, Cr.P.C. can be filed or taken up for adjudication at any stage of proceeding of trial i.e. even before recording of prosecution evidence or during recording of evidence or when recording of evidence is over. Although there is no bar for an accused to file an application under 249-A or 265-K, Cr.P.C. at any stage of proceeding of the trial, yet the fact and circumstances of the prosecution case will have to be kept in mind and if there is slight probability of conviction then, instead of deciding the said application, the court should record the evidence and allow the case to be decided on its merits after appraising the evidence available on record.  The State through Advocate-General, Sindh High Court of Karachi v. Raja Abdul Rehman 2005 SCMR 1544; Bashir Ahmad v. Zafar ul Islam PLD 2004 SC 298; Bashir Ahmad v. Zafar-ul-Islam and others PLD 2004 SC 298; The State through Collector Customs and Excise, Quetta v. Azam Malik and others PLD 2005 SC 686; Muhammad Sharif v. The State PLD 1999 SC 1063 and Ghulam Farooq Tarar v. Rizwan Ahmad and others 2008 SCMR 383 ref. (b) Customs Act (IV of 1969)-- --Ss. 2(s), 8, 70, 156(1), 157--Foreign Exchange Regulation Act (VII of 1947), S. 8--Criminal Procedure Code (V of 1898), S. 265-K-- Smuggling of foreign currency--Acquittal of accused by Trial Court under section 265-K, Cr.P.C.--Legality--Accused was apprehended at the airport and a huge amount of currency, which he was…

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