Law: Customs Act, 1969

Section: 156

Customs Act (IV of 1969)-- ------ Ss. 156 (1) (8),   178 & 185-F—Smuggling  of goods—Offence of— Conviction for—Challenge to—Appellants neither beneficiaries nor directly involved in smuggled goods—Special Judge (Customs), however, convicting and sentencing them to 18 months R. I. and fine of Rs. 20,000 on their own plea of guilt—Appellants being foreigners and having no source of income in Pakistan not in position to furnish suretiies on grant of bail or to pay heavy fine imposed on them—Held : Sentence awarded to be reduced to period already undergone and fine of Rs. 5,00o/- in order to meet ends of justice in circumstances. [P. 291]A & JUDGMENT Appellants abovenamed were convicted under section 156 (I) (8) read with Section 178 of Customs Act 1969, on their own plea of guilt by Special Judge (Customs & Taxation), Karachi in Case No. 140/83 vide judgment dated 7-12-1983 and sentenced to suffer 18 months R. I. and fine of Rs. 20,000,'- each or in default to suffer further R. 1. for one month, have preferred the above appeal under section 185-F of Customs Act, 1969, read with Section 112 Cr. P. C., on the following facts and grounds. That the appellants are the Seamen and were the Crew members of M. V. DODO-V, when on or about 27-11-1982, the appellants were arrest­ed from their Ship in High Seas by Pakistan Coast Guards, for carrying allegedly illicit Cargo of over 7000 crates of whisky. The appellants, who are friendless and Greek Nationals remained in custody for over one year, as an under trial prisoner although they were released on bail by this High Court, but since they had no means to furnish surety, they remained in Jail and could not avail the indulgence granted by this Court. That the Crew members have been treated at par with Captain, al­though no role at all has been assigned to the Crew either in F, T. R., Challan or the Charge framed by the trial Court.   It is submitted, that the sentence awarded to the Crew is on the higher side and they have no means to pay fine either. The learned advocate in support of the above grounds relied upon cases reported in…