Law: Customs Act, 1969

Section: 156

Customs Act (IV of 1969)--S. 156(1)(8)---Appraisal of evidence---Testimony of prosecution witnesses could not be shattered in cross-examination---Customs Authorities had no malice or ill-will against accused to falsely implicate him in the case or to substitute him in place of real culprit---Nothing was available on record to create doubt about his involvement in the case---Prosecution had fully established its case against accused---Conviction and sentence of accused were maintained in circumstances. JUDGMENT Ghulam Jillani son of Muhammad Shari, Caste Sheikh, resident of 5-D­27/12, New Karachi was tried by the learned Special Judge Customs, Lahore. By judgment dated 15-1-1991 he convicted Ghulam Jillani appellant under section 156(1)8 of the Customs Act, 1969 and sentenced him to five years' R.I. plus a fine of Rs.5,000 or in default thereof to undergo further R.I. for a period of 6 months with benefit of section 382-B, Cr.P.C. He has appealed. 2. The prosecution case is that on 7-7-1990 Ghulam Jillani appellant and Mujahid Ahmad (since discharged) came to Counter No.2 for going to India. On suspicion, their luggage was searched. The attache-case of the appellant was found to contain two packets of heroin weighing 500 grams concealed under the lining of the bottom of the attache-case. They were arrested. During investigation, Mujahid Ahmad was found to be innocent and was got discharged. 3. At the trial, the prosecution produced Mohsin Abbas, Inspector Customs (P.W.1) and Riasat Ali Sepoy Customs (P.W.2), Riasat Ali Inspector (P.W.3) and Jahingir Raza Inspector Customs (P.W.4). P.W.1 and P.W.2 furnished the details of the seizure while Riasat Ali Inspector conducted investigation of the case. 4. The appellant pleaded not guilty to the charge and stated that the suit-case from which the heroin was recovered belonged to Mujahid Ahmad. He was let off by the Customs Staff after getting illegal gratification from him and that he had been…

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