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Criminal Revision Application No. 15 of 1974, decided on 5th April 1974.
Ss. 54, 55 & 56 read with Criminal Procedure Code (V of 1898), Ss. 435 & 439‑Revision‑Orders passed by Magistrate functioning under Code of Criminal Procedure, 1898‑Subject to revisional jurisdic tion of Sessions Judge and High Court notwithstanding orders having been passed under Ss. 54 & 55 of Act V of 1878‑Sind Abkari Act (V of 1878), S. 43(3).
Qazi Salim v. Manager, National Products Company and another P L D5 1970 Kar. 33 ref.
S. 54‑Confiscation‑plot obligatory but discretionary‑Magistrate finding offence technical in nature and nothing smacking of any nefarious purpose‑Accused, a foreigner, found carrying liquor in his car without paying excise duty and pleading absence of knowledge of excise duty‑Magistrate, held, erred in ordering confiscation of vehicle and, in lieu thereof, imposing penalty a foreign visitor could not arrange‑Mitigating‑circumstances like absence of knowledge and non‑complicity in commission of offence existing, Courts to exercise proper discretion.
Haji Abdul Razzak v. Pakistan through Secretary, Ministry of Finance,. Islamabad and others P L D 1974 S C 5 rel.
Rustom Kaikobad for Appellant.
Usman Ghani Rashid, A. A: G. for the State.
Attorney‑General on Notice from Court.
Date of hearing : 2nd April 1974.
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