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Criminal Petition for Special Leave to Appeal No. 372 of 1985, decided on 28th October, 1985.

(Against the judgment of the Lahore High Court, Lahore, dated 24‑7‑1985, passed in Criminal Miscellaneous No. 1695/B of 1985).

‑‑‑Art. 185(3)‑‑Customs Act (IV of 1969), S. 156(1)(8)‑‑Leave to appeal, grant of‑‑Re‑appraisal of evidence‑‑Two Courts having taken different views on same evidence‑‑Leave granted to consider whether well -established principles of appreciation of evidence in criminal cases had been followed by High Court.

M.B. Zaman, Advocate Supreme Court and Sh. Ijraz Ali, Advocate‑on‑Record for Petitioner.

Mian Nusratullah, Senior Advocate Supreme Court for Respondent.

‑Muhammad Ashraf petitioner was tried for offence under section 156(1) of the Customs Act. The allegation against him was that on 17‑12‑1981 at 8‑30 p.m. at Islamabad Airport in the area of Police Lines, Rawalpindi when, Muhammad Ashraf petitioner was about to fly to Dubai by PIA Flight No. PK 207. he was Asked by the Customs Authorities after he had been cleared by PIA Briefing Staff, if he was carrying any contraband item or other objectionable goods and on his denial his suitcase bearing tag No. 72‑82‑61 and his Samsonite brief‑cases were subjected to a search, after he had unlocked the same, as a result of which a sum of Rs.9,00,000 (Nine lacs) in Pakistan currency was recovered from the said suitcase while 500 UAE, Dirhams and Rs.200 in Pak currency were recovered from his personal search all of which he attempted to smuggle out of Pakistan. He was then arrested and the said currency was seized. A case was registered against him under section 156(1)(8) of the Customs Act, 1969 on the report of Kh. Iftikhar Ahmad Iqbal P.W. 1 (FG) at Police Station Civil Lines, Rawalpindi.

His defence was that in a hurry to avail of the chance ticket to Dubai where he had been called by his lawyer unexpectedly to attend a personal case, he took a wrong suitcase containing money leaving his original attache‑case of the same colour and make with his cousin brother Mahmood Ahmad D.W. 4, who was waiting outside the airport. When asked to open the suitcase he was sent outside by P.W. 4 under escort to bring the keys from his cousin. Wrong suitcase was taken inside by bona fide mistake. The defence version regarding collection of money for purpose of purchase of machinery for cold storage and ice factory was verified and found to be correct by Customs Investigating Officer P.W. 10.

2. The learned trial Court (Special Judge, Customs Lahore), acquitted him of the charge vide judgment, dated 28‑4‑1982, but on appeal filed by the State the order of acquittal was set aside and he was convicted for the aforesaid offence and sentenced to 6 years' R.I. and a fine of Rs.1.00 lac or in default 2 years' R.I. and 5 strips. Rs.90,000 found from him were also confiscated.

3. Hence the present petition for leave to appeal.

4. We have heard the learned counsel for the petitioner at some length and gone through the relevant passages of the impugned judgment. In this case two Courts have taken different views on the same evidence. We, therefore, feel that it would be appropriate to reappraise evidence to consider whether the well‑established principles of appreciation of evidence in criminal cases have been followed by the High Court. Leave) is, therefore, granted for the said purpose.

M. I. Leave granted.

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