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Special Criminal Appeal No. 7 of 1982, decided on Ist :September, 1982.

‑‑ S. 156(1) (8)‑Sentence, reduction of‑Accused a foreign national, on way to Iran from Abu Dhabi apprehended by Custom authorities at K Airport with gold not declared by him ---Accused admitting guilt and gold with him found to have been purchased by him from savings of his income‑Petitioner having no friend or relative in Pakistan and in case his sentence not reduced, he may lose his job at Abu Dhabi‑Petitioner having good record of his carrier and this being his first offence‑Sentence reduced on compassionate grounds, in circumstances.‑[Sentence].

Sabir Ansari for Appellant.

Mrs. Salima Nasiruddin for the State.

Date of hearing : Ist September, 1982.

Appellant is convicted for an. offence under section 156(1) (8) of the Customs Act and has been sentenced to S. I. for 4 months and a fine of Its. 50,000 and in default S. I. for four months more.

2. Appellant has pleaded guilty before the trial Court hence he was awarded lenient sentence. He has filed this appeal for reduction of sentence. According to the learned counsel appellant is a foreign national and is an Iranian. He was serving in Abu Dhabi and after serving for five years he purchased the gold in question from his savings and was carrying it to his country Iran. Appellant had to stop in Karachi and while in transit was apprehended because he failed to declare the gold which was in his possession. Since the appellant has pleaded guilty the scope of this appeal is limited and is narrowed down only to e consider the question of reduction of sentence. Mr. Ansari has submitted that appellant has already suffered a lot and the gold purchased by him against receipts from his savings has been confiscated. The gold recovered from him is 180 tolas which is roughly valued at Rs. 3 lacs. It is further submitted that appellant is not in a position to pay up the fine of Rs. 50,000 which has been imposed on him as he is a totally stranger in the country and has no friends or relatives. It is further stated that this is the first offence committed by the appellant otherwise he has a very good record. Appellant at the time of his arrest was on his way to Iran as he had taken leave and was going to visit his parents after a period of 5 years while he was in. service in Abu Dhabi. It is further submitted that if the sentence is not reduced the appellant might lose his job. The learned counsel has cited before me in P L D 1977 Kar. 1049, in which guidelines are laid down with regard to the plea of guilt and further that the plea of guilt is to be regarded as a mitigating factor when it comes to passing a sentence. In the reported case after plea of guilt sentence of R. I. of six months was reduced to three months. In another decision reported in 1976 P Cr. L J 166, property worth of Rs. 2 crores was smuggled into Pakistan and appellants were sentenced to R. I. for six years and a fine of Rs. 2 lacs each. In appeal the sentence was reduced to 2 years and a fine of Rs. 10,000 each. In another decision reported fin 1978 P Cr. L J 633, 20 kilos of charas was smuggled into the country and the trial Court sentenced the appellant till rising of the Court and a fine of Rs. 14,000, which was reduced to Rs. 10,000 in appeal.

3. Keeping in view compassionate grounds as stated above the sentence of the appellant is hereby reduced from 4 months' S. I. to .2 B months' S. I. and fine is reduced from Rs. 50,000 to Rs. 10,000 and In default of payment of fine he would suffer S. I. for one month more.

4. In the result, appeal is allowed to the extent stated above.

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