Law: Customs Act, 1969

Section: 156

Customs Act (IV of 1969)--Ss. 156(1)(8) & 156(1)(92)---Appreciation of evidence---No motive for false implication of accused had been ascribed to prosecution witnesses---Accused had made conflicting statements---Even if defence evidence was accepted, recovery of foreign and Pakistani currency from the possession of accused in the manner described by prosecution witnesses had been proved beyond reasonable doubt---Conviction of accused was upheld in circumstances with substantial reduction in their sentence as they had been undergoing rigours of trial for the last 5-1/2 years. Islamic Jurisprudence An International Perspective by C.G. Weeramantry pp.79-80; The Islamic Criminal Justice System by M. Cherif Bassiouni, p.118; Muhammad and others v. The State PLD 1981 SC 635; Shah and others v. State PLD 1984 SC 278; Abdul Hameed v. The State 1986 SCMR 11; Malik Aman v. The State 1986 SCMR 17 and Safdar Abbas and 2 others v. The State PLD 1987 SC 467 ref. JUDGMENT Brief facts leading to present appeal are that Coast Guard Authorities on 29-4-1990 received credible information communicating smuggling of huge quantity of Pakistani and foreign currency out of Pakistan towards Dubai through sea. A mobile patrol party headed by Lt.-Col. Moeenuddin Commandant First Battalion Pakistan Coast Guard Uthal was assigned task of strict vigilance on coastal area. It is the case of the prosecution that on 30-4­1990 at about 5-30 a.m. near "spot-Bander", patrolling party saw a vehicle parked in close vicinity to a Hora standing at sea shore. Ghasht Party rushed towards said place, whereupon on seeing them person based in Hora and said vehicle, opened fire. The patrol party also, responded. Meanwhile smugglers in the Hora managed to escape towards deep sea. However, Asghar Ali, a (convict) Javid Ali alongwith another person namely Muhammad, who expired during the pendency of proceedings were apprehended. According to prosecution Pakistani currency wrapped/packed in two polyproplyne bags and foreign currency lying in cavities of the vehicle bearing Registration No.282-291 were recovered. Besides a double-barrel gun with 14 live cartridges and six empties were also taken into…

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