Law: Customs Act, 1969

Section:

(i) Customs Act (IV of 1969) — —S. 156 (1) (8) & (89) — Smuggling—Offence of—Conviction for— Cleaner of bus exonerating other accused (driver) in taking entire burden of committing offence upon himself—Held : Mere fact of co-accused having taken upon himself entire burden of committing offence not to absolve other accused from liability under law nor such device even to raise suspicion regarding such other accused. being not in conscious possession of contraband items recovered from secret cavities of bus driver by him, fP, 3Q9]C (H) Cnstoms Act (IV of 1969)- ------ Ss. 156 (1) (8)& (89)—Smuggling  of contraband item—Offence of—Conviction for — Challenge to — Evidence — Appraisal of—­Accused - Appellants failing to discharge burden of proof re­garding lawful possession of contraband opium recovered from secret cavities of Bus, being driven and controlld by them—One co-accused, cleaner of Bus, taking upon himself entire burden of committing offence and exonerating other eo-accused, Bus driver— Circumstantial evidence supporing prosecution case against appel­lant No. 1 (Bus driver)—Appellant No. 1, held, rightly convicted by trial Judge for offence — Conviction of both accused-appellants maintained in circumstances, [P. 309 ]A, B, C &, D 1978 Pak. Cr. L. J. 593 & 1978 SCMR 244 not applicable. (iii) Customs Act (IV of 1969)— ------- S. 156 (1) 1,8) & (89)—Smuggling  of contraband item — Offence of-Sentence Mitigation, plea for—Huge quantity of contraband opium (1004 Kgs.) recovered from conscious possession of both accused-appellants — Held : Sentence awarded to call for no interference. [P. 309]£ JUDGMENT Ghulam Hazrat and Khan Wazir stood trial in the Court of Special Judge (Central), Customs and Taxation, N.-W. F. P. on a charge under clauses (8) and (89) of section 156 (1) of the Customs Act, 1969. They were allegedly smuggling 1004 K, Gs. of contraband opium. 2.       At the trial when both the accused were charged, Khan Wazir accused pleaded…