Law: Criminal Procedure Code (V of 1898)

Section: 369

Criminal Procedure Code (V of 1898), Ss. 369 do 439-Review of in criminal cases-Provisions of S. 369 preclude High Court from reviewing its own order-High Court not competent to, revise its own order under S. 439 which applies only to orders passed by a subordinate Court-J, a foreigner, and his wife convicted under S. 167(8)(a), Sea Customs Act, 1878 and a fine of Rs.3,00,000 imposed-On appeal High Court maintaining conviction but remitting fine to extent of eleven hundred dollars recovered from J, at time of his arrest-High Court at time of passing order oblivious of fact that cash of eleven hundred dollars recovered from J had already been released by authorities in favour of his wife as passage money for journey home-J, after announcement of revealing this fact to High Court and applying for remission of fine on ground that cash was no longer available-High Court turning down request on ground that S. 369 barred review of order already passed-Held : High Court right in holding that review of its previous order-was barred-Supreme Court, in circumstance, imposed, in lieu of eleven hundred dollars, a fine of Rs. 100-Sea Customs Act (VIII of 1878), S. 167(8)(a). JUDGMENT S. A. RAHMAN, J.-The appellant, Juan Sullivan and his wife, Mrs. Maria Veronics, were convicted by a Special Judge for an offence under section 167(8)(u) of the Sea Customs Act, 1878, read with Ordinance No. 58 of 1962. On the appellant, a sentence of two years' rigorous imprisonment together with a fine of Rs. 3,00,000 or in default, twelve months rigorous imprisonment further, was imposed. His wife received a sentence of three month's rigorous imprisonment and a fine of Rs. 5,000 or in default, three months' rigorous imprisonment further. Smuggled gold had been seized from their possession along with a revolver and some cartridges. Cash in the form of eleven hundred U. S. Dollars was also recovered from the person of the appellant. On appeal, a learned Judge of the High Court of West Pakistan, Karachi Bench, upheld the conviction of the appellant but reduced his sentence of imprisonment to the term already undergone. With regard to the sentence of fine, it was directed that in view of the fact…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492