Lawyers Directory Listing
Chat with us free on WhatsApp — tell us your city and legal matter and our team connects you with the right lawyer. No form, no fee.
Criminal Petition No. 399 of 1984,decided as 16th February, 1985.
(Against the judgment of the Lahore High Court, Lahore, dated 6‑11‑1984, passed in Criminal Appeal No. 1281/C of 1980).
Constitution of Pakistan (1973)‑‑
---Art. 185(3)‑‑Customs Act (IV of 1969), Ss. 156(1)(89) & 178‑ Conviction on charge of smuggling‑‑Guilt squarely brought home to petitioner‑‑Petition being devoid of merits, dismissed.
Tanveer Ahmad, Advocate‑on‑Record for Petitioner.
Nemo for the State.
Date of hearing: 16th February, 1985.
Shaukat Ali petitioner seeks leave to appeal against the judgment of the Lahore High Court, Lahore, dated 6‑11‑1984.
2. The facts, briefly, are that the petitioner and Mussarat co‑accused were tried for smuggling 27 rolls of polyster cloth manufactured in Japan. They were apprehended in Faisalabad when they were on their way from Quetta when they were ostensibly bringing coal in a truck driven by the petitioner. Three sacks containing the above‑mentioned cloth were found to be concealed underneath the coal. The learned trial Court convicted them under section 156(1)(89) read with section 178 of the Customs Act. It sentenced them to 3 years' R.I. and a fine of Rs.5,000 each. In default each of them was ordered to suffer another 3 months S.I.
On appeal the High Court maintained their conviction but reduced their sentence of imprisonment from 3 years' R.I. to 11 years' R.I. The sentence of fine was, however, maintained.
Shaukat Ali convict alone has filed the present petition for leave to appeal.
3. We have heard the learned counsel for the petitioner. We are of the view that the guilt has been squarely brought home to the petitioner and he has no case on merits.
4. The learned counsel urged that the sentence of fine (Rs.5,000.) was too heavy and that the same may be reduced. He, however, admitted that the cloth being smuggled by the petitioner and his co‑accused was worth Rs.45 lacs. We do not, therefore, think that the fine imposed upon him is heavy.
The petition is, therefore, dismissed as having no force.
M. I. Petition dismissed.
Dealing with a matter like this? Connect with a verified advocate in your city — free on SJP Lawyers Directory.
🔍 Find a Lawyer