Law: Customs Act, 1969

Section: 156

[Customs Act (IV of 1969)]......Sections 156(1)(89)(171)--Mandatory provisions, non-compliance of--Smuggled goods allegedly seized by raiding party--Accused escaping from spot--Charge-sheet submitted after arrest of accused--No notice under S.171 served on accused-­Non-compliance of mandatory provisions of S.171, held, was an illegality vitiating entire trial--Onus to prove that goods in question were not smuggled would shift upon accused only if notice under S.171 was served upon accused--Acquittal ordered m circumstances. Azizullah v. The State P L D 1981 Kar. 250; Ghufran Ahmed and others v. The State 1983 P Cr. L J 620; Nabidad and 10 others v. The State 1983 P Cr. L J 623 and Shaukat Hussain v. Government of Pakistan and 3 others P T -C L 1982 (CL) 280 ref. ORDER Appellant Haji Siddique was tried alongwith Hussain, Ramzan, Umar, Haji Ghulam Hassan and Haji Ghulam Hussain for the offence under clause (89) of section 156(1) of the Customs Act, 1969, by Special Judge (Customs and Taxation), Karachi, who vide judgment, dated 15-5-1979, acquitted Hussain, Ramzan, Umar, Haji Ghulam Hassan and Haji Ghulam Hussain. Appellant Haji Siddique was, however, convicted and sentenced to suffer R.I. for 1-1/2 years and to pay a fine of Rs.50,000 or in default to suffer R.I. for one year. By this appeal the appellant seeks to challenge his conviction and sentence. 2. On night between 9-10-1974 and 10-10-1974, S.M. Sibtain, Preventive Officer, Anti-Smuggling Squad received spy information that a huge quantity of smuggled goods would be transported to Karachi via hlawksbay - Maunpur Road. Accordingly a secret watch was kept near S.I.T.E. area. At about dawn time the Customs party proceeded towards Hawksbay side and noticed a microbus followed by a jeep approaching. The microbus was signalled to stop, but the driver accelerated the speed. The Customs party then followed the microbus which was being driven by absconding accused Muhammad. The jeep which was following the mini bus tried to stop the van of Customs party. The Customs party then fired at the wheels of micro bus which was stopped. The culprits, however, managed to escape. The jeep also slipped away. It is the case of…

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