Law: Sea Customs Act, 1878

Section: 167

(a) Sea Customs Act (VIII of 1878)--S. 167(1)(81)--Certain smuggled goods recovered from roof of brothers of divorced wife of accused on information and pointing out by accused--Raiding party suspecting foul play and thinking that recovered articles had been placed by accused himself and arrested and challaned accused--Head Constable and Inspector Police giving evidence about recovery of said articles on pointing out of accused--Both officers having no reason at all to trump up a false case against accused--Testimony of said witnesses about recovery on pointing out of accused believed in circumstances. (b) Sea Customs Act (VIII of 1878)-- ---S. 167(1)(81)--Certain smuggled goods recovered from roof of brothers of accused's wife whom he had divorced on information and pointing out of accused--Circumstances showing that accused had got smuggled articles planted on roof of those persons with whom his relations were extremely strained and he did not do so by himself--Such inference not necessarily leading to conclusions that accused had himself provided smuggled articles to person who placed such articles on roof--Information supplied by accused to police also not specifying nature of smuggled goods--Accused might have left choice of contents of bundle to person instructed to plant same on roof--Ingredients of offence under S. 167 (1) (81), held, not established beyond reasonable doubt--Accused acquitted in circumstances. JUDGMENT Muhammad Nawaz alias Nawaz was convicted by the Special Judge (Customs) of an offence under section 167(1)(81) of the Sea Customs Act and was sentenced to suffer rigorous imprisonment for a period of 1½ years and to pay a fine of Rs.5,000 in default of payment of the fine he was directed to receive rigorous imprisonment for a further period of six months. He has filed this appeal against his conviction and sentence. 2. The appellant is a resident of village Nadhe within the jurisdiction of Police Station, Hujra of district Sahiwal. He seduced Mst. Sakina (P.W.1) of his village and later contracted marriage with her. After two years of the marriage he took a second wife. This strained the relations between the spouses and as a consequence…

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