Law: Customs Act, 1969

Section: 156

Customs Act (IV of 1969)--Ss. 156(1), 89 & 178---Appreciation of evidence---Case against accused being a case of raid, partial investigation by the incharge of raiding party, could not be objected to---Recovery of smuggled gold and recovery memos were fully proved by witnesses and statements of such witnesses were not challenged in the cross-examination---Witnesses from public could not have been produced because of influence of accused, even otherwise, it was a matter of common knowledge that respectable citizens were afraid of smugglers and bad characters--Councillor and Lambardar being defence witnesses, prosecution was perfectly justified not to produce witnesses from public especially when same were not required---Accused was apprehended on the spot and was led to recovery of five slabs of gold---Such fact was fully proved by statement of prosecution witness who was a senior Police Officer and was not a member of raiding party---Case against accused having fully been proved, he was rightly convicted and sentenced. Muhammad Ajmal v. The State KLR 1994 Lah. Crl. C. 238 ref. JUDGMENT This is an appeal against the judgment, dated 29th of May, 1996 passed by the learned Special Judge Customs, Lahore whereby the appellant was convicted for the offence under section 156(1)89 read with section 178 of the Customs Act, 1969 and was sentenced to five years R.I. and to a fine of Rs.25,000. 2. The relevant facts are that the complainant received a secret information that the petitioner and his co-accused would attempt to smuggle gold and currency to India. The police party intercepted the accused who tried to run away. Talib alias Tabee accused threw the hand bag in the Baithak of one Master Iftikhar Ahmad while he and other co-accused escaped. Ghulam Haider the appellant was apprehended on the spot. The police recovered from the bag 45 rennies of foreign gold weighing 450 tolas of the value of Rs.18,00,000 (eighteen lac) and Pakistani currency of Rs.91,017. The appellant led to recovery of another 50 tolas of foreign gold on 28-7-1988. The police also arrested Khair Din accused while Talib was declared P.O. The police after completing the investigation submitted…

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