Law:

Section:

(a) Imports and Exports Control Act (XXXIX of 1950)---- -- S. 3 lead with Customs Act (IV of 1969), S. 156, cls. (8) & (89)- Smuggling-Apart from evidence regarding interception of bundles of smuggled goods by Coast Guards, evidence also existing showing two officers of raiding party having identified appellants W, B 8c H--Presence of torch neither mentioned in F. I. R. nor fact of two officials having i6entibed some appellants mentioned therein and even torch not formally seized as part of case property, yet two witnesses having made statements during investigation of their being able to identify appellants W, B & H, question whether their evidence should or should not be accepted, held, one to be decided by trial Court in first instance. (b) Evidence Act (I of 1872)-- -- S. 30-Disclosure of names of co-accused-Only evidence connect­ing appellants N and others consisting of disclosure made by two accused respondents caught by Coast Guards at spot-Disclosure, held, not admissible in evidence and even if repeated at trial at best available for consideration only and not by itself sufficient to pro­vide a basis for conviction of accused disclosed-No other evidence available against such accused, no possibility of conviction being recorded against them-Criminal proceedings, against such accused, in circumstances quashed - Criminal Procedure Cc-do (V of 1898), S. 561-A-[Quashment of proceedings]. JUDGMENT ANWARUL HAQ, J.-After hearing the learned counsel for the parties, we have decided to convert this petition into an appeal, and dispose it of accordingly. On the 12th of August 1976, a first information report was recorded at the instance of Maj. Allah Nawaz Khan at the headquarters of the Pakistan Coast Guards, Karachi, alleging that at about I a.m. on that day one of the patrols of the Coast Guards challenged certain persons who were busy in loading bundles on camels. There was an exchange of lire as a result of which two persons named Ramzan and Shall Muhammad (respondents in the present proceedings), were caught at the spot along with fourteen bundles of foreign smuggled goods loaded on seven camels and six bundles lying on the ground. Tie: first…

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