Law: Customs Act, 1969

Section: 187

(a) Precedent--- ---- Binding force---Precedent in criminal law does not carry the same binding force as it does in Civil Law---In criminal cases the facts have to be seen in their clear perspective. Nazar Muhammad PLD 1978 SC 236; Gulab Khan's case PLD 1971 Kar. 299; Mushtaque Ahmed v. The State PLD 1973 SC 418; Rabnawaz v. State PLD 1974 SC 87 and Ghulam Muhammad v. Allah Yar PLD 1976 SC 241 ref. (b) Customs Act (IV of 1969)--- ----S. 187---Possession---Burden of proof---There can be no presumption or assumption regarding possession which has to be established by the prosecution beyond all reasonable doubt. Qamar Ali v. The State 1975 PCr.LJ 797 and Kamran Industries v Collector of Customs PLD 1996 Kar. 68 ref. (c) Customs Act (IV of 1969)--S. 156(1)(8)---Customs General Order 12 of 1986---Appreciation of evidence--- Matter pertaining to the possession of the suitcase from which heroin was allegedly recovered was held in dispute as all along the accused had challenged the same---Requirement in such circumstances of laving independent Mashirs of seizure of the said suitcase could not be dispensed with as the very identity of the suitcase was crucial and disputed by the accused---Except the notice under S.171 of the Customs Act, 1969, which by itself was doubtful, no other document could connect the accused with the suitcase--­Prosecution had also failed to comply with Customs General Order No. 12 of 1986 dated 31-7-1986 prescribing procedure for storage/sampling of seized heroine---Accused was acquitted on benefit of doubt in circumstances. PTCL 1986 St. 951 (ii); Karim v. Nazir Ahmed 1980 SCMR 791; Muhammad v. State PLD 1981 SC 635; Muhammad Hanif and another v. The State 1979 PCr.LJ 1078; Mir Khan and others v. The State PLD 1968 Kar. 903; Qabool and another v. The State PLD 1976 Kar. 1205; Mushtaq Ahmed v. The State 1995 SCMR 510; Saeed v. The State 1995 PCr.LJ 1203; Arbab Ali v. The State 1995 PCr.LJ 1272; Ali Hassan and others v. Mukhtar and others 1983 SCMR 806; Hizbullah v. The State and another PLD 1984 Quetta 1; Aurangzeb v. The State 1978 SCMR 255; Roshan and 4 others v. The State PLD 1977 SC 557; Bachal v. The State PLD 1963 (W.P.) Kar. 1062; Mokha…

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