| Case ID |
d68a2def-d14f-4cfc-be68-ccc9eb1202bf |
| Body |
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| Case Number |
Criminal Revision No. 780 of 1959 |
| Decision Date |
Mar 01, 1960 |
| Hearing Date |
|
| Decision |
The Dacca High Court dismissed the revision filed by the accused-petitioners against their conviction and sentences under sections 167 (8) and (81) of the Sea Customs Act, as applied to the Land Customs Act. The court held that the omission of the phrase 'as applicable to Land Customs Act' in the charge was a curable irregularity under section 537 of the Criminal Procedure Code. The accused were found guilty of attempting to export jute without a valid license within the prohibited border belt of five miles. The court confirmed the lower court's findings that the accused were indeed attempting to smuggle goods into India and upheld the jurisdiction of the Magistrate in trying the case under the provisions of the Sea Customs Act as amended in 1958. |
| Summary |
This case revolves around the conviction of several individuals under the Sea Customs Act, 1878, particularly sections 167 (8) and (81), for alleged smuggling of jute across the Indo-Pak border. The accused were found to be operating within a prohibited area without the necessary licenses. The High Court's ruling emphasized the principle that minor omissions in legal charges do not invalidate proceedings, as long as the core elements of the case are intact. The decision also highlighted the legal implications of amendments made to the Sea Customs Act in 1958, which expanded the applicability of certain provisions to the Land Customs Act, thus allowing the prosecution to proceed under the former despite the nature of the waterways involved. The case underscores the importance of procedural correctness and the court's discretion in addressing irregularities. Key legal principles regarding jurisdiction, the definition of special goods, and the rights of the accused during trial were also discussed, affirming the lower court's authority to impose sentences for the offenses committed. |
| Court |
Dacca High Court
|
| Entities Involved |
Not available
|
| Judges |
Khan, J
|
| Lawyers |
Shaukat Ali Khan,
Shaukat Ali
|
| Petitioners |
Others,
Bonez Bepari
|
| Respondents |
THE STATE
|
| Citations |
1961 SLD 16,
1961 PLD 148
|
| Other Citations |
10 D L R 84,
5 D L R 26,
11 D L R 296
|
| Laws Involved |
Sea Customs Act, 1878,
Land Customs Act, 1924,
Criminal Procedure Code, 1898
|
| Sections |
167,
187,
537,
342
|