Law: Customs Act, 1969

Section: 156(1)(8)

Customs Act (IV of 1969) S. 156 (1) (8)-Sentence-Mitigation -Accused, guilty of smuggling gold into Pakistan, a poor and ignorant labourer returning to his country after a long stay abroad, having no knowledge of Customs Rules and Regulations-Sentence reduced to a fine of Rs. 1,000 only, in circumstance.-[Sentence]. Date of hearing: 14th December, 1980. This is an appeal under section 185-F, Customs Act, 1969 arising out of a judgment passed by the Special Judge (Customs and Taxation), Karachi dated 30th September, 1978 whereby the appellant was convicted under section 156 (1) clause (8) of the Customs Act and sentenced to undergo imprisonment till rising of the Court and to pay a fine of Rs. 5,000 or in default suffer 3 months further S. I. 2. The facts in brief are that on 21stFebruary, 1976 while the appellant was riding in a taxi going towards Keamari at about 12-30 in the night he was intercepted by the Additional S. H. O. Jackson Police Station at Native Jetty Bridge. The Police Officer found the taxi full of goods and upon search he secured one canvas bag lying near the appellant in the front seat from which he secured a radio tape-recorder, 7 small radios, 2 time-pieces, 4 wrist-watches and 2 cartons of cigarettes and some battery cells. From another canvas plastic bag the Officer secured 32 dozens match boxes and 4 locks. From two boxes placed on the carrier of the taxi he secured 23 pieces of tetron cloth, Janamaz, small and big handkerchieves and new garments etc. From the person of the appellant he secured 20 tolas of swiss gold, 2300 Saudi Rials and also 32 Rupees Pakistani currency. A complaint was registered on behalf of the State and the appellant was sent up for trial before the Special Judge. 3. The defence of the appellant was that he was working in Saudi Arabia since 1951 and had come back on a visit to Pakistan on 20th February 1976 by ship. He did not deny the recovery of the goods from his possession except gold and claimed that the goods were exempted from duty on account on his long stay in Saudi Arabia and on the dutiable goods he had paid duty. 4. The case of the prosecution rested on the evidence of Mr. Shafiq Ahmad, Addl. S. H. O.…