Law: Customs Act, 1969

Section: 156(1),185

Customs Act, 1969 (IV of 1969)-- ----Ss. 156(1) , 185--Conviction and sentence--Challenge to--Recovery of foreign smuggled goods--Creation of lacunas and infirmities--Benefit of doubt--Entitlement of appellant--Neither smuggled goods nor carrier (coach) was produced before trial Court--None of passenger, conductor etc. of Coach in question was associated as witness by Investigating Officer, this fact alone creates serious doubts in case of prosecution, but benefit of such doubts have not been extended in favour of appellant by trial Court at time of recording conviction of appellant, for which appellant was entitled--Impugned passed by trial Court suffers from mis-reading, non-reading and mis-appreciation of law and evidence, which is not sustainable--Appeal allowed. [Pp. 123] A, B , C 1995 SCMR 1345 ref. JUDGMENT This judgment disposes of Custom Appeal No. 01 of 2022 filed by the appellant Habibullah Son of Abdul Hameed, against the judgment dated 31st December 2021 (“the impugned judgment”) passed by Special Judge Customs, Lasbella (“the trial Court”), whereby the appellant was convicted under Section 156(1) of the Customs Act, 1969 and sentenced to suffer R.I. for a period of three (03) years with fine of Rs. 1,263,263/- (Rupees One Million Two Hundred Sixty Three Thousand Two Hundred Sixty Three) or in default thereof to further suffer three (03) months S.I. The benefit of Section 382-B, Cr.P.C. has also been extended in favour of appellant. 2. Facts of the case are that on 28th February 2021 at about 1150-hrs, the complainant namely Subedar Muhammad Ejaz, Pakistan Coast Guard lodged FIR No. 27 of 2021 at PS Pakistan Coast Guard uthal district Lasbella, with the averments that on the said date they were on usual patrolling duty towards Winder, when Al-Nisar Coach bearing Registration No. JB-8533 was intercepted at main RCD Road towards Winder from Headquarters at distance of 20-KM, the search thereof was resulted into recovery of foreign smuggled items i.e. (1) Betel nuts 859 kg (2) Mix cloths 1114 kg, (3) Padlock (small) 13 cotton (4) China salt 05 bags and (5) Cigarette pine 170 sticks stashed under seats of the said coach in exclusive possession and…

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