Law: Criminal Procedure Code (V of 1898)

Section: 412, 410

Law: Customs Act, 1969

Section: 2, 156 (1) (89), 174

(a) Criminal Procedure Code (V of 1898) S. 412-Appeal (criminal)----Notwithstanding judgment proceed ing from accused's plea of guilty, convict, held, not debarred from questioning prosecution itself if facts alleged against him make out no case. (b) Customs Act (IV of 1969) S. 2, cl. (s) read with Notification No. S. R. O. 1426 (1)/1973, dated 5th October, 1973-"Smuggled goods", determination of-- Nothing to show any notification having listed glassware/crockery or padlocks as goods import or export whereof prohibited or restrict ed-Goods, held, not covered by definition of "smuggled goods" as defined in cl. (s) of S. 2 of Customs 'Act.-[Words and phrases]. (c) Criminal Procedure Code (V of 1898) S. 410 read with Customs Act (IV of 1969), S. 2, cl. (s) read with Ss. 156 (1) (89) BSc 174-Appeal (criminal)-'`Smuggled goods", determination of-Nothing to establish offending goods exceeding Rs. 1,000 in value so as to bring same within mischief of cl. (s) of S. 2 of Customs Act-Jurisdictional fact having not been established prosecution, held, unwarranted-Conviction and sentence set aside, in circumstances.-[Jurisdiction]. Date of hearing: 24th May, 1981.                                                                                                                                       JUDGMENT Three persons, namely; Mubarik Ali and Muhammad Rafique appel lants and Muhammad Nawaz, were prosecuted upon recovery from their possession on 21st February, 1980 at 5.50 p.m. of 22 dozen bonus playing- cards, 31 dozen Chinese made padlocks and a water-set consisting of 16 glass tumblers and 2 jugs. During the trial, they were charged as follows:- "That on 21stFebruary, 1980 at 5-50 p.m. without lawful excuse at Moghalpura Road, you all were found in possession of playing cards, locks water sets etc. of…