Law:

Section:

Customs Act (IV of 1969) S. 156(8), (W Smuggling High Court going through evidence on record with considerable care and coming to conclusion of all co accused of petitioner simply travelling with him in truck and there being no evidence of co accused being in conscious possession of contraband goods or else being in any way concerned with carriage of such goods Nothing on record showing such finding to be illegal -Petitioner's stand of having taken over driving of truck temporarily on requests of permanent driver and permanent driver was to take over driving at an onward station not substantiated by producing permanent driver in defence nor any explanation given for not producing him in witness box High Court, held, wholly right in holding petitioner being in conscious possession of smuggled goods without any lawful excuse Conviction of petitioner upheld. ORDER GHULAM SAFDAR SHAH, J. This petition for leave to appeal is directed against the judgment of Peshawar High Court, dated 6 12 1977, and arise3 in the following circumstances : On an information received by him that huge quantity of contraband goods were being carried in Truck No. PRB 7921. Mr. K. M. Alamdad, Deputy Superintendent. Customs, incharge Check Post Khushal Garb alerted his staff and when the said truck arrived at the Check Post, at 11 45 a.m. on 11 6 1977 it was stopped and upon the search of its body, it w al discovered that it had a double cover floor; on the removal of the upper wooden plank of the floor cavity was found in which 7212 wrist watches and 1536 chains were lying hidden since the petitioner herein could not explain as to how he bad came by these goods, he alongwith four others who were travelling with him in the truck were arrested and the goods taken into possession; thereafter K. M. Alamdad sent a murasila to S. H. O., Gumbat Police Station for the registration of a case against the petitioner and his co accused under section 156(F)t89) of the Customs Act; upon the basis of the said murasila, F.I.R. Exh. P. A. was later registered in the said Police Station and thereafter the investigation of the case was finalised and the petitioner and his co accused challaned in the Court of…

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