Case Details

Citation(s)
1988 SLG 349 1988 SLD 349 1988 MLD 908
Sindh High Court
Special Criminal Appeal No.18 of 1985, decision dated: 27-10-1987
SAEEDUZZAMAN SIDDIQUI, J

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IBRAHIM GHANI ABOO

VS

THE STATE Messrs VIDEO MASTER Vs THE DEPUTY COLLECTOR OF CUSTOMS and others

Law: Customs Act, 1969

Section: 156

[Customs Act (IV of 1969)]......Section 156(1)--Sentence, quantum of--Accused, a foreign national apprehended while boarding flight for Dubai, carrying Pakistani and Saudi currency--Accused 63 years old, remaining in jail for about 3 months and 10 days--Agony of protracted trial for about 8 years--Accused not in position to go back to his country and see his family during ail this period--Sentence reduced to one already undergone by accused in circumstances. ORDER Learned counsel for the appellant does not press the appeal against conviction but only prays that keeping in view the old age of the appellant, the fact that he is not claiming the money allegedly recovered from him and the fact that he faced the agony of prosecuting his case for about 8 years in Pakistan and thus remained away from his family which is in Sri Lanka for all these years, the sentence of 3 years and the fine awarded by the learned trial Judge may be reduced to the period already suffered by the appellant in detention. It is an admitted position in the case that the appellant is a national of Sri Lanka. He was arrested on 12-6-1979 while he was attempting to board flight bound for Dubai. Rs.20,60,000 Pak currency and 28,500 Saudi Royal were recovered from him but the appellant disclaimed the same and pleaded that it was on account of exchange. of baggage with some other passenger. This plea was not accepted by the learned trial Judge and he convicted and sentenced the…
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