Law: Customs Act, 1969

Section: 156

(a) Criminal Procedure Code (V of 1898)--Ss. 242, 243, 265-D, 265-E & 265-F -Customs Act (IV of 1969) Ss. 156(1)(8) & 185-F---Revision--Accused pleaded not guilty to charge framed against him and his case was fixed for evidence--Accuser, subsequently made an application wherein he pleaded guilty and prayer for leniency in sentence held, second plea on same charge could only be recorded when charge was amended otherwise Courts were not empowered to record other plea--Same charge could not be read over again and again at will of accused--Plea at later stage. would sometime be on understanding on point of quantum of sentence--Plea could not be equated with confession which could be recorded by competent Magistrate when case was under investigation and there were other legal formalities to be observed in confession. Habibur Rehman Sereng and others v. The State P L D 1960 Dacca 213 and A I R 1925 Sind 188 rel. (b) Criminal Procedure Code (V of 1898)- ---S. 243--Courts being creation of statute, had to follow law as given by legislature. Nazir Ahmed v. The State P L D 1975 Lah. 304 distinguished. ORDER This Revision Application under section 185-F of Customs Act, 1969 has been filed against the order dated 20th March, 1986 of Special Judge, Customs & Taxation Karachi. The facts giving rise to this Revision are that applicant Faiz Muhammad has been challaned in the Court of Special Judge (Customs) for the offences punishable under section 156 (1) (8) of the Customs Act. On 9-12-1985 the charge was framed to which he pleaded not guilty and case was fixed for evidence. On 19-3-1986, accused made an application which reads as follows:--- "It is respectfully submitted on behalf of the above-named accused that he pleaded guilty in the above case at his own accord without any coercion, pressure or undue influence on the following grounds:- (1) That he in the first hearing without any pressure force pleads guilty at his own wish and will and does not desire to contest the above proceedings in order to waste the precious time of this honourable Court. (2) That he is a young boy and student of Second Year of Jinnah Government College, Karachi in proof of the said…

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