Law: Customs Act, 1969

Section: 156

Customs Act (IV of 1969)--S. 156(1)(8)---Allegation of smuggling of heroin---Prosecution case against accused had fully been proved---Accused who had not seriously challenged his conviction, had pleaded for reduction of sentence awarded to him by Trial Court---In view of fact that accused was a foreigner and intended to leave Pakistan as soon as he was released from jail, Court taking a lenient view, reduced' sentence to period of imprisonment already undergone by him. JUDGMENT Valerius Mugambi, Tanzanian National was tried by Special Judge, Customs, Lahore for attempting to smuggle heroin out of Pakistan. By judgment, dated 29-5-1990, the learned Court convicted him under section 1560)(8) of the Customs Act, 1969 and sentenced him to 7 years' R.I. and a fine of Rs.50,000 or in default to undergo further R.I. for a period of one year with benefit of section 382-B, Cr.P.C. He has appealed. 2. The prosecution case is that on 19th March, 1989, the appellant came to the Customs Zone at Lahore Airport for going to Dubai by P.I.A. On suspicion, his person was X-rayed which revealed the presence of some foreign elements in his body. He was taken to the hospital and administered medicine. Resultantly, two egg-shaped capsules came out from his rectum containing 130 grams of heroin. He was consequently challaned. 3. At the trial, the ocular account was…

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