Law:

Section:

Keywords: Prosecution, Place, Cross-Examination, Imprisonment, Guilty, Proprietor, Description, Compliance, Registered, Seizure, Notice, Office, Commission, Manager, Examination, Fraudulent, Absence From Duty, Unlawful, Language, Burden Of Proof, Recruitment, Provisions, Leave, Judgment Of The Trial Court, Methods, Violation, Information, Custody, Testimony, Consideration, Trial Court, Period, Prohibition, Conviction, Offences, Fine, Investigation, Goods, Charge-Sheet, Maintain, Customs, Evidence, Defence, Set Aside, Exportation, Property, Interpretation, Order, Importation, Consequences, Possession, Certificate Result: Appeal allowed JUDGMENT The two appellants, Captain Muhammad Younus and Muhammad Yaqoob Khans were sent up alongwith Agha Mahmood Sherazi, Muhammad Islam, Abdul Karim, Muhammad Ismail and Akhtar Hameed, to stand trial before the City and A. D. M., Karachi for offences under sections 187 (ii) and 212 of Sea Customs Act, read with section 120-B of the P. P. C. Three of the accused were discharged, while by a judgment dated 1-6-73, the City and A. D. M. Acquitted co-accused Muhammad Ismail and convicted the two appellants rind sentenced them each to five years' R. I. And fine of Rs. 50,000, in default three years more R. I. The other co-accused Agha Mahmood Sherazi was also convicted, but was awarded a lesser sentence I. e. Till rising of the Court and a fine of Ra. 25,000 or in default R. I. For three years. This leniency in sentence was shown, as stated by the City and A. D. M. "on consideration of his youth and being an orphan; otherwise he deserved the maximum period of imprisonment also and heavier fine". With regard to the two appellants however it was stated that they deserved no such leniency in the face of the reasons advanced although no such reasons appear in the body of the judgment. The first information report for the offence was registered on 3-6-66, at 6-00 p.m. By P. O. M. Y. Arab of the Customs House, Karachi and was in the following terms:- "Secret information has been received that Agha Mahmood Sherazi is engaged in smuggling of foreign sold. He takes trips under false names. It was further revealed that he will travel to Dacca…

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