Law: Customs Act, 1969

Section: 185

(a) Customs Act (IV of 1969)--S. 185-F- Criminal Procedure Code (V of 1898) S.417---Appeal against acquittal---Federal Government alone is competent under Customs Act to file appeal against acquittal-----Such power is not available to Provisional Government under S.417. Cr. P.C. State v. Abdul Qayyum and 3 others P L D 1980 Kar. 465 ref. (b) Customs Act (IV of 1969) ----S. 185-F---Appeal against acquittal---Advocate-General had not filed appeal on behalf of Provincial Government, but had done so as an Advocate of Federal Government---Appeal was thus filed properly through a proper person. The State v. M. Ashraf 1986 P Cr. L J 137 ref (c) Criminal Procedure Code (V of 1898) ----S. 265-K---Contention that accused being a fugitive from justice was not entitled to a hearing in absentia was upheld---Application made by such accused under 5.265-K, Cr.P.C., held, was liable to be dismissed on this score alone. Chafi Shah v. The Crown P L D 1956 FC 43, Gul Hasan and another v. The State v. Mir Nabi Bux Khan Khoso and another 1986 PCr. L J 1130 ref. Criminal Miscellaneous No.944 of 1981 distinguished. (d) Criminal Procedure Code (V of 1898) ----S. 265-K---Acquittal under S.265-K, Cr.P.C. can be recorded even before charge is framed or any witness is examined. Malik Muhammad Ibrahim v The State and 4 others 1985 P Cr. L J 929 and State v. Mir Nabi Bux Khan Khoso and others 1986 P Cr. L J 1130 ref. Raja Haq Nawaz v. Muhammad Afzal and others P L D 1967 SC 354; Alimuddin and another v The State 1985 P Cr. L J 2711 State v. Sardar Muhammad Zaman Saleem Khan Durrani 1986 P Cr. L J 1488 and Israr Ahmad v. The State 1987 P Cr. L J 943 rel (e) Evidence--- ---- Circumstantial evidence is more cogent than evidence of eye-witnesses as it is not difficult to produce false ocular evidence, on the other hand it is extremely difficult to produce circumstantial evidence of a convincing character. Shah Nawaz v. The State 1968 P Cr. L J 1226 ref (f) Criminal trial--- -----Discretion of Court --Judicial discretion of a Court is not to be guided solely by the concession or objection made by prosecution---Court should not surrender its to that of prosecution.---[Discretion]. (g) Customs Act…

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