Law: Criminal Procedure Code (V of 1898)

Section: 4(o),265-K

Law: Import Policy Order, 2016

Section: 17

Law: Customs Act, 1969

Section: 2(s),2(s)(ii),16,32,32(1),156(1),156(2), 156(8),156(9),156(14),157,178

JUSTICETHIS ORDER PASSED BY: MUHAMMAD QASIM KHAN, JUSTICE:---.--- Briefly the facts of the case are that an F.I.R No. 36/2018 dated 27.11.2018 under sections 2(s), 16, 32(1), 156(1)(8)(9)(14), 157 and 178 of the Customs Act, 1969 was registered at Police Station I P Cell, MCC, Customs House, Lahore, precisely with the allegation that on 27.11.2018 on checking of a consignment by ANF, Lahore at Allama Iqbal International Airport, Lahore, it was found that the consignment consisting of 200 cartons was being exported to USA by M/s. Imroze Impex (SMC-Pvt.) Ltd., Lahore through Airway Bill Nos. 125 8461 6851 and commercial invoice No. 1800069 with declared description of salt and unloaded at SAP Export Shed AFU, Lahore. The ANF found that 30 Cartons out of 200 cartons contained Ketamine weighing 154.5 kg and other 17 cartons were packed with salt. The stance of the prosecution is that the accused attempted to export/smuggle the Ketamine (powder form) valuing three crore rupees approximately, under the garb of salt by way misdeclaring the correct description of the goods on the Export Documents. Hassan Ali (petitioner in Criminal Revision No. 36369/2019), when arrested, disclosed that Lin Zhi Wei (petitioner in Criminal Revision No. 36593/2019) had handed over the said consignment to him at his office situation in House No. 449, Sector-D, Phase-V, DHA Lahore, for its import to USA. On pointation of said Hassan Ali, when customs team reached at the office of Lin Zhi Wei, further 1600 grams Ketamine and empty bottles of Ketamine Injection (Ketrol) weighing 35 kg were recovered from him. 2. After registration of F.I.R and formal investigation, challan was submitted in the court, where Lin Zhi Wei and Hassan Ali (accused persons) filed two separate applications under section 265-K, Cr.P.C. to seek their acquittal mainly on the ground that Ketamine does not fall within the definition of smuggle within the meaning of Section 2(s) of the Customs Act, 1969, therefore, no offence was constituted. The learned Special Judge (Customs, Taxation and Anti-Smuggling), Lahore, vide consolidated order dated 11.04.2019 dismissed both the applications and the said order has been…

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