Law: Customs Act, 1969

Section: 156(1)(89)

Customs Act (IV of 1969) S. 156(1) (89)-Smuggling-Evidence, appreciation of-Accused admitting raid of police on his premises and seizure of cloth of foreign origin-Recovery also supported by testimony of witness- Case against accused, held, proved beyond reasonable doubt-Conviction maintained, in circumstances.-[Evidence]; Date of hearing : 6th October, 1979.                                                                                                                                                          JUDGMENT Musa Khan, appellant, has preferred this appeal from his conviction and the sentence of R. I. for three months recorded by the Special Judge, Customs, Lahore, under section 156 (1) 89, of the Customs Act, 1969. 2. The case arose from recovery of certain quantity of cloth including some of foreign origin from car No.. A J K/7201, parked on the road in Satellite Town, Sargodha, in the course of a raid conducted by the police. The cloth consisted of three bundles containing pieces of varying length smirked Exh. P. I to P. 56, of which cloth Exh. P. I to P. 52 was found by the Customs Authorities to be of foreign origin, while the remaining i.e. Exh. P: 53 to P. 56 measuring 223 yards, of local manufacture. The three occupants of the car, namely, Sardar Khan, Mst. Iqbal Bibi and appellant Musa Khan were prosecuted. Sardar Khan absconded during the trial and was proceeded against under section 512, Cr. P. C., while Mst. Iqbal Bibi was acquitted under section 263-K, Cr. P. C. 3. The prosecution had examined the two recovery witnesses, Murad (P. W. 1), and Chan Pir Shah (P. W. 2), Sajjad Raza A. S. 1. (p. W. 6) and Favyaz Akhtar Customs Inspector (P. W. 5). Two other witnesses, namely Ghulam Farid F. C. (P. W. 3)., who had recorded the F. 1. R., and Malik Muhammad Nawaz,…