Law: Customs Act, 1969

Section: 156

(a) Customs Act (VI of 1969)--S. 156(1)(8)--Accused allegedly was caught while displaying banned film on V . C . R --No evidence on record existing to show that V. C. R. was smuggled--Accused taking plea from the beginning that V.C.R. belonged to, him and produced receipt which was not accepted during Investigation--- Accused admitting possession of V.C.R. and producing documentary evidence to show his ownership and in addition to it producing defence witness who attested receipt--Baggage receipt, an official document issued by customs showed that model of V . C . R . was same which was shown in receipt issued by person from whom accused purchased V.C.R.--Nothing on record available to show that receipts produced by defence were forged--Documentary evidence produced by accused and defence witness believed--Defence plea accepted and accused acquitted in circumstances. (b) Customs Act (VI of 1969)- ---S. 156(1)(8)-(Criminal trial--While discussing case of accused Trial Court dilated upon evidence of defence witness and subjected same to very minute scrutiny--Bounden duty of prosecution to prove its case beyond doubt against accused and if prosecution evidence was defective and was unwholesome or unsatisfactory or inconclusive then case against accused would be deemed to have not been proved and any doubt left over would provide benefit to accused. JUDGMENT This appeal is directed against the impugned judgment, dated 8-6-1980 delivered by learned Special Judge (Customs and Taxation) Karachi, whereby he has convicted the appellant for offence under section 156(1)(8) of the Customs Act,, 1969 and has sentenced him to R.I. for three months and a fine of Rs. 5,000 in default further R.I. for 11 months. By the same Judgment the other two co-accused namely Ghulam Rasool and Haibat Khan have been acquitted. Briefly stated the relevant facts giving rise to. this appeal are that P.W.1 Amanat Javed, S.H.0., Drigh Colony, P. S. while investigating some other case came to the compound of Malik Qamarul Haq on Plot No. 288, Millat Town, New Abadi, Karachi and found appellant Muhammad Yousuf and other two acquitted co-accused namely Ghulam Rasool and Haibat Khan displaying an…

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