Law:

Section:

(a) Criminal Procedure Code (V of 1898)- S. 537 read with Ss. 265-C, 265-D & 265-E and Customs Act (VI of 1969), Ss.. 156(1) (8) & 185-F-Trial of accused for smuggling under S. 156(1), (8) of Customs Act-Prosecution failing to show that charge was framed against accused by dial Judge on basis of any material as envisaged under S. 265-D, C P. C.-Statement or confession of accused made before ;Special Judge-Held, of no legal con­sequence in circumstances of case-Trial suffering from material irregularity on face of record and case not one of an error or omission simpliciter in framing of charge-Special Judge travelling beyond his jurisdiction in framing charge in violation of mandatory provisions of S. 265-D, Cr. P. C.-Held, such omission in mode of trial not curable under S. 537, Cr. P. C. and proceedings liable to be struck down as without jurisdiction.-[Confession]. (b) Constitution of Pakistan (1973.)--- __ Art. 199 read with Customs Act (IV of 1969), S. 156(1) (8)-Trial for smuggling-Special Judge, Customs traveling beyond his jurisdic­tion in framing charge in violation of mandatory provision of S. 265-D, Cr. P. C.-Accused petitioner permitted to raise question of jurisdic­tion of Special Judge before High Court notwithstanding fact that he failed to raise such question before Customs Authorities. Ikram Bus Service and others v. Board of Revenue, West Pakistan and others P L D 1963 S C 564 ref. JUDGMENT IRSHAD HASSAN KHAN, J.-This writ petition has been filed to challenge the conviction and sentence of the petitioner to five years' rigorous imprison­ment and award of two lashes under section 156(1)8 of the Customs Act. 2. The facts necessary for the determination of the question involved in this writ petition may be briefly stated. The petitioner, an Indian National came to Wahga Border on 18-11-1980. He was found in possession of smuggled silver weighing 490 grams, allegedly valued at Its. 1,500 which he had brought from India. The petitioner made confession of his guilt and in consequence thereof, he was convicted by the Special Judge Customs, Lahore, under section 156(1)(8) of the Customs Act by his order dated 14-12-1980 and sentenced him to 5…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492