Law:

Section:

Customs Act (IV of 1969)-------S. 156(1)(8)---Appreciation of evidence---Role assigned to accused was that he was found entering the Departure Lounge of Airport alongwith co-accused---Entrance in Departure Lounge itself was not an offence, more particularly when accused himself was an employee of Airport Security Force, unless his complicity with co-accused, in the crime was established---Mere entrance of accused at the same time when co-accused was entering could not be of any penal consequences--­Confessional statement of co-accused had been discarded by Special Judge---Prosecution having failed to prove charge against accused, he was entitled to acquittal---Conviction and sentence recorded by Special Judge, were set aside, in circumstances. JUDGMENT Appellant Ashfaq Ahmed Khawaja was tried alongwith co-accused Tisi Lorenzo, Omair Ahmed Siddiqui and Khalid Mahmood for an offence under section 156(1)(8) of the Customs Act by the learned Special Judge (Customs and Taxation), Karachi and convicted the appellant and co-accused except Khalid Mahmood and sentenced them to suffer R.I. for five years and fine of ks.2,00,000 each in default of payment of fine to further suffer R.I. for one year, whereas, Khalid Mahmood was acquitted, `by judgment, dated October 11, 1997. The appellant has questioned the legality of his conviction and sentence reported against him by the impugned judgment by this appeal. The prosecution case according to the report, a credible information was received by F.I.A. (I&AS) Sea Port, Karachi that a foreign national, namely Tisi Lorenzo with active connivance of officials of the Government Agencies working at Jinnah Terminal Complex, Karachi Airport, will attempt to smuggle contraband item like heroin powder through KLM Flight No.550 on 11-12-1993 scheduled for departure for Amsterdam at 01-05 hours, they received further information that the contraband will be handed over to aforesaid foreigner in the departure lounge after security clearance. On such information Inspector Hussain Ali Baloch with S.-I. Badaruddin Baloch, A.S.-I. Shafaat Ali, Head Constable Javed Hussain, F.Cs. Farzand Ali, Shamim Baig and Sher Muhammad and under the…

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