Law: Customs Act, 1969

Section: 156(8)

Keywords: Seizure, Leave, Defence, Guilty, Prima Facie, Notice, Possession, Refusal, Evidence, Evaluation, Procedure, Prosecution, Bidding, Order, Recovery, Disposed Of, Grounds, Payment, Customs, Trial Court, Consideration, Examination, Petitioner, Cross-Examination, Place, Protection, Investigation, Proceedings, Abolition Result: Application dismissed ORDER The applicant is facing trial before the Special Judge (Customs Taxation), Karachi on a charge of smuggling under section 156 (8) of the Customs Act, 1969. According to the prosecution allegations on 12th June, 1979 the applicant who is a citizen of Sri Lanka was about to depart from the Karachi Airport by Gulf Air Flight No. GF-76, when on suspicion Mr. Qureshi, Senior Preventive Officer intercepted him after he had undergone the formalities of briefing at the Gulf Air Counter and his suit-case, was secured. On his refusal to surrender the key of the suit-case the applicant was searched and the keys were secured from his person in presence of the mashirs. On opening the suit case with the aforesaid key, Pakistani and foreign currencies in huge,quantity of the value of about Rs. 22,26,385 were recovered and seized: The Passport, airline ticket, baggage tag and key of the appellant were also seized and the applicant was arrested on the spot. Thereafter, the case on completion of the investigation was challaned before the Special Judge. The case has proceeded and the evidence of three. Prosecution witnesses has so far been recorded. They are Mr. Nasir Qureshi, Senior Preventive Officer and the Seizing Officer in the case, Mohammad Shafi, the loader of PIA who had picked up the suitcase from a -car and taken it to the Counter of the Gulf Airline and Irfan Hussain, Assistant of the Plant Protection Department; Karachi who acted as mashir of the search, recovery of the contraband currencies and of the seizure thereof. However, the cross-examination of the last witness has been reserved at the instance of the defence counsel for the purpose, of inspection of in the State warehouse and its weighment after keeping the same in the suitcase vide order of the trial Court dated 16th August, 1979. The order of the…

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