Law: Customs Act, 1969

Section: 156(1)(89), 2(s)

(a) Customs Act (IV of 1969) S. 156 (1) (89) --- Smuggling--Bringing into Pakistan Traveller Cheque earlier issued by State Bank-Does not constitute offence of smuggling as defined under S. 2 (s) of Customs Act. (b) Customs Act (IV of 1969) S. 2 (s)-Smuggling-Offence of smuggling as defined in S. 2 (S), held, committed, in case of possession of foreign currency exceeding 1,000 rupees in value. Date of hearing : 30th November, 1980.                                                                                                                       JUDGMENT The appellant was tried and convicted under section 156 (1), clause (89) of the Customs Act, 1969 by the Special Judge (Customs & Taxation), Karachi. By his judgment dated 26th July, 1977 the appellant was sentenced to imprisonment until rising of the Court and fine of Rs. 4,000 or in default to suffer a term of Rigorous Imprisonment for six months. Aggrieved by the aforesaid conviction and sentence, the appellant has filed the present appeal. 2. The prosecution case in brief is that on 19th October, 1973 Mobin Ahmad, Senior Preventive officer of Customs, Karachi upon receipt of spy information proceeded to Berth No. 8, West Wharf, Keamari, Karachi. At about 345 p. m. he saw the present appellant Mohammad Shafi driving a blue `Mercedez' car bearing foreign registration number come over there. Mobin Ahmed alongwith his staff searched the car of the appellant and secured from the boot of the car four attache cases two of which contained Charas weighing about 63 Ibs. The Customs Officer secured the Charas and attache cases and arrested the appellant. He then obtained a search warrant for the search of the appellant's house at Guru Mandir, Karachi. From the search he secured further quantity of Charas weighing about 129 lbs. anti also secured foreign currency of the following description: --   Pound…