Law: Customs Act, 1969

Section: 156(1)(8),171

Law: Criminal Procedure Code (V of 1898)

Section: 103,342,382B

Keywords: Fine, F.I.R, Procedure, Order, Consideration, Illegal, Magistrate, Provisions, Federal Government, Copy, Leave, Office, Evidence, Petition, Investigation, Detention, Notice, Call, Dispute, Service Of Notice, Cross-Examination, Modification, Prosecution, Customs, Mistake, Conviction, Trial Court, Examination, Government, Recovery, Payment, Orders, Violation, Guilty Result: Sentence reduced JUDGMENT SHAFI MUHAMMADI, J.-1. Appellant Mst. Rose Nyokabi Wacira a Kenyan National was convicted and sentenced by the learned Special Judge (Custom and Taxation), Karachi, vide order dated 18th September, 1994, under section 156(1)(8) of the Customs Act to suffer R.I. For 7 years and pay fine of Rs. 2,00,000 and in default of payment of fine she has to undergo R.I. For to years with benefit of section 382-B, Cr. P. C. 2. It was reflected by the prosecution story that appellant was intercepted on 12-12-1992, at about 5-00 a.m. By Preventive Officer Noor Ahmed Panwar in the International Departure Hall, Quaid-i-Azam International Airport Karachi on suspicion of having contraband narcotics when she was bound to leave for Nairobi by Kenya Airlines. As the appellant had denied for having any contraband narcotics, therefore, in presence of 2 Mushirs namely Khair Muhammad and Mukhbar Ahmad, her suit-case was searched which resulted in the recovery of 5 k.g. Heroin powder concealed in the top and the bottom of the said suit-case. The heroin powder was seized, the appellant was arrested after she was served upon a notice under section 171 of the Customs Act. Investigation was conducted by Custom Officer Ahmed Pervez Bazai on the basis of F.I.R, lodged in the case and consequently, on the strength of evidence of 5 witnesses, she was found guilty, convicted and sentenced as mentioned in para. 1 above. 3. The appellant had been examined by the Court under section 342, Cr. P. C. In which she did not admit that seized 5 kg. Of heroin powder was secured from her. She also denied the service of notice upon her under section 171 of be Customs Act and denied her signatures on the said notice. Similarly she denied charges of admitting to smuggle the heroin powder and did not show her…

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