Law: Criminal Procedure Code (V of 1898)

Section: 561A

Criminal Procedure Code (V of 1898), S. 561-A-Quashment of criminal proceedings-Mere fact that person has been formally charged under certain provisions of law does not necessarily mean that he stands convicted or condemned-Accused has nothing to fear if no credible evidence forthcoming against him-Some evidence pro duced by prosecution to show complicity of person in crime-Case, held, not one of total want of evidence--Interference refused by Supreme Court. Date of hearing : 5th September 1973.                                                                                                    JUDGMENT MUHAMMAD GUL, J.-In March 1967, a consignment of 25 crates of fresh kinoos was despatched from the Karachi Airport to be carried by P.I.A. to Heathrow Airport, London. The necessary documents were presented to the Custom Authority at Karachi Airport who after the initial examination of 5 % of the goods allowed the goods to be carried by air. At the destination however, on a further check in the B. O. A. C. cargo warehouse, five of the crates yielded 95 lbs. of cannabis resin (charas) weighing 95 lbs. Two Pakistanis, namely, Abdul Hamid Butt and Mohammad Younus, who had called at the B. O. A. C. cargo warehouse to get clearance of the consignment were arrested and later convicted. As a sequel to the above incident which was publicised both in the English and the local press, a case was registered by the Directorate of Customs, Intelligence and Investigation Branch, against the consignor. During the investigation, it was discovered that Mohammad Mobin son of Mohammad Yasin was closely concerned in the transaction. After his arrest, he made a judicial confession in which he named his associates in the crime and pursuant to the clues he gave for further investigation Mohammad Yamin, petitioner herein, was also arraigned as one of the accused. The prosecution evidence in the case has since been recorded and the petitioner…