' Customs Inspector Abbas Ali Abbasi, on receipt of some secret information, raided on an aircraft of PIA, having registration No,BCJ, at Karachi Airport, just after its arrival from Dubai, as Flight No,PK- 214, and secured 652 slabs of gold total weighing 6520 Tolas concealed in its toilet. According to him he had received credible information that the respondent, who at that time was serving in the maintenance wing of PIA, was involved in the smuggling of the gold and would have removed the same from the aircraft at opportune time.
2. After a protracted trial, extendingover a period of 15 years, the Special Judge (Customs and Taxation), Karachi by his order dated 26-4-2007 acquitted the respondent by holding that the prosecution had failed to prove the charge.
3. To a query, learned counsel for the appellant states that the main evidence against the respondent is the credible information which the customs inspector had received from his informer. I am afraid the information cannot be relied upon without examining the informer. Such secret information can be used by the Investigating Officers only for their guidance to detect the crime and collect evidence. A secret information, however credible it may be, cannot be legally used, as evidence. In such circumstances, the trial Court has rightly acquitted the respondent for want of sufficient evidence against him, and its judgment is unexceptionable. The appeal, being meritless, is dismissed summarily.