Law: Customs Act, 1969

Section: 156

(a) Customs Act (IV of 1969)--S. 156(1)(8)---Appreciation of evidence---Prosecution evidence and defence evidence both having gone unchallenged, prosecution could not be allowed to put up a better claim of truthfulness than the defence--­Prosecution evidence regarding recovery of heroin had glaring contradictions---Suit-case of accused from which heroin was recovered was not produced in Court at the trial---Undertaking a journey on International Route by the accused without any currency or other items of daily use did not appeal to reason---Defence evidence including the statement of accused on oath having not been challenged could be legally construed to have been accepted by the prosecution---Suppression of truth by the prosecution was alone sufficient to hold its case as doubtful---Accused was acquitted in circumstances. 1987 PCr.LJ 30; Rab Nawaz and others v. The State PLD 1994 SC 858; Safdar Ali v. Crown PLD 1953 FC 93 and Nadeem-ul-Haq Khan v. The State 1985 SCMR 510 ref. (b) Criminal trial--- ---- Appreciation of evidence---Principles---Benefit of doubt---Court is duty bound in a criminal case to review the entire evidence led by the prosecution and the defence and after examination of the same if the Court is of the opinion that the defence version might be true, the accused becomes entitled to the benefit of doubt, not as a matter of grace but as of right, because the prosecution has failed to prove its case beyond reasonable doubt. Nadeem-ul-Haq Khan v. The State 1985 SCMR 510 ref. JUDGMENT The appellant namely Khalid Mehmood has assailed the judgment, dated 24-10-1998 passed by the learned Special Judge (Custom and Taxation), Karachi, in Case No. 184 of 1997 re: State v. Khalid Mehmood convicting, the appellant under section 156(1)(8) of the Customs Act, 1969 and sentencing him to undergo R.I. for five years and fine of Rs.50,000 in default whereof to undergo further R.I. for three months. 2. The prosecution case according to F.I.R. No.DEC-121 of 1999, J.T.C. under section 9(c) of the C.O.N.S. Act, 1997, lodged by M. Azam Khalid, Preventive Officer; Custom House; Karachi is as follows:-- . "On the intervening night of 15th/16th December, 1997, while…

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