Find a Lawyer

Criminal Revision No. 1232 of 1970, heard on 23rd April, 1985.

See Customs Act (VIII of 1878)--

---S. 167(81)--Criminal Procedure Code (V of 1898), S. 439--Reduction of sentence--Revision petition being heard after about 15 years--Accused already having undergone agony of protracted trial and long delay in disposal of such petition--Fear arising out of apprehended dismissal of revision petition, held, by itself was sufficient punishment--Sentence reduced to one already undergone.

S. M. Idrees for Petitioner.

Muhammad Ali Naqvi for the State.

Date of hearing: 23rd April, 1985.

This is a revision petition filed by Lal Din, petitioner, against the judgment of a learned Additional Sessions Judge of Lahore, dated 19-10-1970, dismissing his appeal. Earlier, a Section 30 Magistrate of Lahore, by his judgment dated 29-6-1970, had convicted the petitioner under section 167(81) of the Sea Customs Act, 1878 and sentenced him to undergo two years' rigorous imprisonment.

2. In brief, the case of the prosecution as against the petitioner is that on 25-1-1968, the S.H.O., S.I. l1ab Nawaz Khan, reached the house of the petitioner situated at Jhugian Daras, P.S. Manawan, and arrested two Indian smugglers, namely, Piara Singh and Deeps, from his house. The petitioner, on seeing the police party, slipped away and escaped, 17 seers of small cardamom were recovered from the house of the petitioner by the police. The case was registered and investigated. Piara Singh and Deeps were separately tried and convicted. The petitioner was tried separately.

3. I have heard the arguments of the learned counsel for the petitioner and the State. The learned counsel for the petitioner only presses for the reduction of the sentence, on the ground that the present petition has come up for hearing after a long time. Ira view of the statement of the learned counsel for the petitioner, only this limited aspect of the case will be dealt with. This petition, which was admitted in 197u, has now come up for hearing after almost 15 year.. The petitioner has undergone the agony of a protracted trial. He has also undergone the agony arising out of the delay in the disposal of this petition and the fear arising out of its apprehended dismissal, which is sufficient punishment. Taking all there circumstances into consideration, I would reduce the sentence of the petitioner to that already undergone.;

4. For the foregoing reasons, while maintaining the conviction of Lal Din. petitioner, under section 167 (ill) of the Sea Customs Act, 1878, I would reduce his sentence to that already undergone. The petitioner is on bail. His bail bond shall stand Discharged.

5. The case property cannot be confiscated to the State. It can only be dealt with by the Customs Authorities. The part of the final judgment, to the extent it permits the case property to be confiscated to the State, is set aside. The case property shall be delivered to the Customs Authorities for necessary adjudication.

S.A.

Find a Lawyer Near You

Dealing with a matter like this? Connect with a verified advocate in your city — free on SJP Lawyers Directory.