Lawyers Directory Listing
Unlock direct contact details for up to 10 lawyers so you can call or WhatsApp the right legal professional and move your matter forward with confidence.
Special Criminal Appeal No.32 of 1979, decided on 11th May- 1987.
---S.156(1)(89)--Smuggling--Accused, found in possession of six bags of Biri leaves, stating that he was a manufacturer of Biri and that bags of leaves were given by its owner for purpose of manufacturing Biri--Accused produced in defence owner of Biri leaves who confirmed statement of accused and further stated that he purchased Birileaves from Trading Corporation of Pakistan--Delivery note showing that purchase was made from said Corporation also produced by him--Bags containing leaves also bearing mark of Trading Corporation of Pakistan--All these facts not disputed in cross-examination--Possession of goods with accused having been sufficiently explained, conviction and sentence was set aside.
Abul Khair for Appellant.
Jalaluddin Baloch for the State.
Date of hearing: 11th May, 1987.
The appellant Muhammad Shaban who has been convicted under section 156(1)(89) of the Customs Act by the Special Judge, Customs, has challenged his sentence and conviction.
2. The case of the prosecution against the appellant was that on 8-8-1978 he was carrying six bags of biri leaves which were suspected to be of Indian origin and were intercepted and seized near Sukhpur bridge near the Stadium, Larkana, by the Excise Inspector gamaruddin Ansari. Later on the case was handed over to the Customs Authorities for proceedings under the Customs Act. The accused did not deny the possession of the six bags of biri, leaves but contended that he was holding a biri manufacturing licence and these biri leaves were handed over to him by one Haji Fazal Hussain for the purpose of manufacturing of biri. The appellant examined in defence said Haji Fazal Hussain who in his evidence stated before the Court that he had entrusted the seized six bags of biri leaves to the appellant for the purpose of manufacturing biri and that he had purchased these biri leaves from Trading Corporation of Pakistan and in support of his contention he produced Ex.12-A a delivery note of the Trading Corporation of Pakistan. It was also stated by the witness that the bags carried the mark of Trading Corporation of Pakistan. Neither the fact that the said Fazal Hussain purchased these aforesaid biri leaves from Trading Corporation of Pakistan nor that the bags which contained the biri leaves bore the mark of Trading Corporation of Pakistan were disputed in cross-examination. In these circumstances I fail to see how the conviction and sentence awarded to the appellant could be sustained in law. The evidence of Fazal Hussain sufficiently explained the possession of the biri leaves even if they were of Indian origin as they were lawfully purchased from the Trading Corporation of Pakistan and as such it amounted to no offence if they were found in possession of the applicant. I accordingly accept this appeal, set aside the sentence and conviction awarded by the trial Court to the appellant. The appellant is on bail his bail bond is cancelled. As the sentence and conviction of the appellant has been set aside the fine, if any, deposited by the appellant be refunded.
M.Y.H./M-184/K Appeal accepted.
Dealing with a matter like this? Connect with a verified advocate in your city — free on SJP Lawyers Directory.
🔍 Find a Lawyer