| Case ID |
2125acc8-b8f4-4560-be07-879868baad65 |
| Body |
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| Case Number |
Criminal Appeal No.490/C of 1996 |
| Decision Date |
Dec 10, 1997 |
| Hearing Date |
Dec 10, 1997 |
| Decision |
The appeal against the judgment dated 29th May 1996, where the appellant was convicted under section 156(1)89 read with section 178 of the Customs Act, 1969, resulting in a sentence of five years rigorous imprisonment and a fine of Rs.25,000, was dismissed. The court affirmed that the evidence presented, including the recovery of smuggled gold and the circumstances surrounding the arrest of the appellant, was sufficiently compelling. The learned judges noted that the partial investigation did not undermine the case, given the context of a raid and the involvement of law enforcement officers. The court highlighted the fear of public witnesses in cases involving smugglers, justifying the absence of public witnesses in the prosecution's case. The court's ruling emphasized the importance of the evidence of police witnesses and the corroboration of the appellant's actions leading to the recovery of gold, concluding that the conviction was warranted. |
| Summary |
The case revolves around Ghulam Haider's conviction for smuggling under the Customs Act, 1969. The Lahore High Court upheld the conviction, citing substantial evidence including the recovery of gold and the appellant's apprehension at the scene. The decision emphasized the challenges of witness testimony in cases involving organized smuggling, noting that the fear of reprisals often deters public witnesses from coming forward. The court found the police evidence credible and ruled that the absence of certain witnesses did not weaken the prosecution's case. The decision also referenced prior case law, reinforcing the legal principles applicable to smuggling offenses. This ruling serves as a critical reference for future cases involving evidence collection and witness reliability in smuggling and customs violations. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
IHSAN-UL-HAQ CHAUDHRY
|
| Lawyers |
Muhammad Aslam Zar
|
| Petitioners |
Not available
|
| Respondents |
THE STATE
|
| Citations |
1999 SLD 693,
1999 MLD 1022
|
| Other Citations |
Muhammad Ajmal v. The State KLR 1994 Lah. Crl. C. 238
|
| Laws Involved |
Customs Act, 1969
|
| Sections |
156(1),
89,
178
|