| Case ID |
08ad64c9-ef29-4d58-961e-e3d815cb91bf |
| Body |
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| Case Number |
Criminal Acquittal Appeal No. 152 of 1976 |
| Decision Date |
Mar 27, 1979 |
| Hearing Date |
|
| Decision |
The Sindh High Court dismissed the appeal filed by the Government against the acquittal of the respondent, Ishaque, by the learned Special Judge, Customs and Taxation, Karachi. The court found that the prosecution had failed to establish that the goods were seized from the respondent's house and that the only evidence against him, a judicial confession, was retracted and recorded after a significant delay. The circumstances surrounding the case, including a prior altercation between the Coast Guards and local residents, led the court to conclude that the evidence was insufficient to support the prosecution's claims. As a result, the appeal was dismissed, and the respondent's bail bonds were cancelled. |
| Summary |
In this case, the Sindh High Court addressed an appeal against the acquittal of Ishaque, who had been charged under the Customs Act of 1969. The prosecution alleged that Ishaque was in possession of smuggled goods, including valuable items like wrist watches and record players, which were seized during a search by the Coast Guard. However, the evidence presented was weak, with the only witness failing to corroborate the prosecution's story. The court noted a lack of evidence linking the goods to Ishaque's residence and highlighted the retraction of his judicial confession, which had been obtained under questionable circumstances. The ruling emphasizes the importance of credible evidence and the rights of defendants in criminal proceedings, particularly in cases involving customs violations. Key terms include 'Customs Act', 'judicial confession', 'acquittal', and 'prosecution evidence'. This case serves as a reminder of the need for thorough investigations and fair treatment within the judicial system. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
AGHA ALI HAIDER, C.J,
SAJJAD ALI SHAH, J
|
| Lawyers |
Not available
|
| Petitioners |
State
|
| Respondents |
Ishaque
|
| Citations |
1980 SLD 1786,
1980 PCRLJ 597
|
| Other Citations |
Not available
|
| Laws Involved |
Customs Act of 1969
|
| Sections |
156(1)(89)
|