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Criminal Appeal No.12 of 1987, decided on 3rd May, 1987.
---S.156(1)(8)--Appeal--Contention that trial of accused jointly was not legal and that sentence and amount of fine was not compatible with magnitude of offence---Accused did not raise any objection as to alleged irregularity in joint trial before Court below but pleaded guilty--Accused, held, could not raise such plea in appeal--Sentence and fine imposed by Special Court also appearing to be on lower side--Interference declined by High Court in circumstances.
S . M . Sayedain Zaidi for Appellant.
This is an appeal against the judgment dated 24-3-1987 passed by the learned Special Judge (Customs and Taxation) Karachi in case No.250/86 convicting the seven appellants under Section 156(1)(8) of the Customs Act, 1969 and awarding them one year R.I each and fine of Rs .50, 000 each or in default thereof to suffer R.I. for a further period of 4 months each. The appellants were intercepted on 30-11-1986 at 12.00 noon at International Departure Hall, Terminal No.III Karachi Airport while they were to proceed to Bombay by Indian Airline flight No.IC-132 and were found in possession of Heroin powder as under:-
| (1) Alasaw Garba Ali. | 250 grams |
| (2) Olatunji Olatumbesum Olaku. | 300 grams |
| (3) Lateef Abiodun Rabatunde. | 300 grams |
| (4) Aliu Kalejaiye Dada | 280 grams |
| (5) Taofiki Baloguw | 270 grams |
| (6) Ganiya Bolariwa Salau | 290 grams |
| (7) Mathew Olumuyiwa Talabi | 230 grams |
They were charged with the above offence before the learned Special Judge. They pleaded guilty. Upon the above plea the learned Special Judge has convicted the appellants and awarded the above sentence and imposed the aforesaid fine. The appellants have filed the present appeal jointly against the above judgment.
2. In support of the above, Mr.S.M.Sayedain Zaidi, learned counsel for the appellants, vehemently urged that the trial of the appellants jointly was not legal. He has further submitted that even the sentence and the amount of fine are not compatible with the magnitude of the offence.
3. Since the appellants had not raised any objection as to the above alleged irregularity in the joint trial but pleaded guilty, it is not open to the appellants to raise this plea in the appeal. As regards the second submission it will suffice to observe that the sentence and the fine imposed by the learned Special Judge seem to be on the lower side and therefore do not call for interference. The appeal is therefore dismissed in limine.
M.Y.H./A-143/K Appeal dismissed.
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