Law: Customs Act, 1969

Section: 156

(a) Customs Act (V of 1969)--Ss.156(1)(8) & 185-F---Criminal Procedure Code (V of 1898), S.417--­Appeal against acquittal---No evidence worth mentioning was on record to even faintly connect accused with crime with which they were charged--­Court examined evidence on record carefully and found accused not guilty---Prosecution case even if accepted, would not make out a case of "attempt" to smuggle contraband Charas, but it could be a case of "preparation" alone which by itself was not sufficient to convict accused for offence under S.156(1)(8) of Act, 1969---Before an acquittal appeal is admitted to regular hearing , it must be shown that - impugned in appeal is unreasonable, perverse and manifestly wrong---Case against accused being of immature investigation and accused in fact having been prosecuted on basis of no evidence, appeal against order of Court below, was wholly misconceived. Abdul Ghaffar Khan v. The State 1991 MLD 1823; Abdul Majid v. The State 1973 SCMR 108, Crown v. Muhammad Rafique Safdar and others PLD 1952 Sindh 28, Central Board of Revenue and another v. Khan Muhammad PLD 1986 SC 192 and Hyder Khan and another v. The State 1991 PCr.LJ 1841 ref. (b) Criminal Procedure Code (V of 1898)--- ----S.417---Appeal against acquittal---Requirement for admission---Before an appeal against acquittal is admitted to regular hearing, it must be shown that impugned is unreasonable, perverse and manifestly wrong. ORDER Respondents Abdul Rashid and Shaukat Hussain Jamot were tried by Special Judge (Customs and Taxation) Karachi, for the offence under section 156(1) (8) of the Customs Act, 1969, who found them not guilty and vide judgment dated 26th May, 1991, acquitted them. This judgment is the subject-matter of the present acquittal appeal filed under section 185-F of the Customs Act, 1969. 2. A credible information was received by the Headquarters 2 Battalion Pakistan Coast Guards, Karachi, that an international gang of narcotics smugglers will try to smuggle narcotics in huge quantity out of Pakistan from Gizri Coast area. Acting on this secret information all routes to Gizri Coast were kept under strict surveillance and on 4th November 1986 a patrol…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492