| Citation(s) |
|---|
| 1981 SLG 3244 = 1981 SLD 3244 = 1981 PCRLJ 958 |
Court of Special Judge, Karachi
Special Criminal Appeal No. 35 of 1979, decided on 4th June, 1981
Presented By: Zaffar Hussain Mirza, J
Raja Qureshi (in Appeal No. 35 of 1979) and Mir Nawaz Khan Marwat (in Appeal No. 36 of 1979) for Appellant. Mrs. Salima Nasiruddin for the State.
Special Criminal Appeal No. 35 of 1979, decided on 4th June, 1981
Presented By: Zaffar Hussain Mirza, J
Raja Qureshi (in Appeal No. 35 of 1979) and Mir Nawaz Khan Marwat (in Appeal No. 36 of 1979) for Appellant. Mrs. Salima Nasiruddin for the State.
WAQAR HUSSAIN-Appellant
VERSUS
THE STATE Respondent
Law: Customs Act 1969
Section: 156 (1), (R), 2(s)
Law: Foreign Exchange Regulation Act, 1947
Section: 4 (2), (3)
(a) Customs Act (IV of 1969) S. 156 (1), (R)--"Smuggling , offence of-Accused admittedly proceeding to Japan, undergoing briefing and signing declaration of currency form when intercepted and on search U. S. $7050 in cash and a Bank-draft for U. S. $15,200 recovered from his possession-Recovery of Passport, air ticket, tag and identity card from possession of accused further corroborating evidence of prosecution witnesses--Argument that accused intercepted when he was outside Airport building and involved in case by Custom officials in order to secure reward, held, not plausible, in circumstances - Prosecution, held further, established its case against accused beyond any reasonable doubt--Conviction main tained. (b) Customs Act (IV of 1969) S. 2 (s) read with Foreign Exchange Regulation Act (VII of 1947), S. 4 (2), (3) and Exchange Control Manual, Ch. VI, rr. 1 (iii) & 6----Term "smuggling"--includes "attempt" as well as "abetment in connivance"-Taking out of Pakistan a Bank draft in violation of restrictions contained in subsections (2) & (3) of Foreign Ex change Regulation Act-Constitutes offence of smuggling"-Accus ed a foreign national, giving accused a Bank draft drawn on a foreign Bank to be paid to foreign currency--Accused, held, abetted commission of offence of smuggling, in circumstances--Conviction maintained.---[Words and phrases]. (c) Criminal trial Sentence-Mitigation -- Contention that accused urgently required to go to England in order to defend divorce proceedings initiated by his wife and also to attend proceedings in respect of custody of his children--Contention, held, hardly had any bearing on question of sentence- Accused, however, constrained to stay in Pakistan for about 3 years on account of proceedings in instant case--Sentence of 15 months' R. I., held further, excessive and reduced to 3 months' R. I.--[Sentence], …