Law: Sea Customs Act, 1878

Section: 167

(a) Sea Customs Act (VIII of 1878), S. 167(8a)-Special leave to appeal-Granted by Supreme Court to consider whether it could be held that petitioner was concerned in importation of prohibited articles found in boot of a car in which he was a passenger. (b) Sea Customs Act (VIII of 1878), S. 167(8a)-Importation of contraband goods-Direct evidence not available-Persons con­cerned in offence to be ascertained having regard to facts and attending circumstances of case. Whether a person is or is not concerned in an offence coming under item 8(a) of section 167 depends upon the facts and circumstances of each case. Direct evidence as to the actual unauthorised importation of contraband goods may be available in rare cases. Where such direct evidence is available, no diffi­culty arises as to who are the persons concerned in the offence. Where, however, direct evidence is not available, the persons concerned in the offence are to be ascertained having regard to the facts and the attending circumstances of the case. JUDGMENT M. R. KHAN, J.---The appellant and one Ahmad Ali Khan, along with four others, were tried by Mr. Mahmud Khan, a Magistrate specially empowered under section 30 of the Code of Criminal Procedure, for an offence under item 8(a) in the Schedule to section 167 of the Sea Customs Act, 1878 read with section 9 of the Land Customs Act, 1924. Of them, the appel­lant and Ahmad Ali Khan were convicted for the offence and sentenced to rigorous imprisonment for 3 years, each and to pay a fine of Rs. 5,000, each and, in default of payment of fine, to undergo further rigorous imprisonment for l years, each. The remaining four co-accused were, however, acquitted. Against their conviction and* sentences, the convicted persons preferred two separate appeals in the Court of the Sessions Judge, Lahore. Both the appeals were dismissed. The convicted persons then filed two separate criminal revisional applications in the High Court of West Pakistan, Lahore, against the judgment of the learned Sessions Judge. A learned Single Judge of the High Court dismissed both the criminal revisions. Of the two convict­ed persons, the appellant alone made a petition to this Court for…

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