Pakistan Case Lawโ† Search
1983 P Cr. L J 1983

RODOLF JOSEF vs THE STATE

Citation1983 P Cr. L J 1983
CourtLahore High Court
Case No.Criminal Appeal No. 39/C of 1983
Date1983-01-29
Judge(s)Saad Saood Jan
ResultOrder accordingly

The two appellants in this appeal are nationals of the Federal Repub--lic of Germany. On 7th December, 1982 they were arrested at the Wagha Customs Post while they were proceeding to India on the charges that they were attempting to smuggle heroin and charas. Rodolf Josef Heim had 460 grams of heroin and 45 grams of charas whereas Peter Kupprion had 40 grams of heroin with him. They were both tried by the Special Judge (Customs), Lahore for offences under section 156 (1) (8) of the Customs Act. They pleaded guilty and were consequently convicted of the said offences. Rodolf Josef Heim was sentenced to suffer rigorous imprisonment for a period of six months and to pay a fine of Rs. 8,000 or, in default thereof, to undergo further simple imprisonment for a period of four months. Peter Kupprion was sentenced to suffer rigorous imprison--ment for a period of two months and to pay a fine of Rs. 4,000 or, in default thereof, to undergo further simple imprisonment for a period of two months. They have come in appeal to this Court.

2. The learned counsel appearing for the appellants has confined his argument to the quantum of sentences only. He states that the appellants will leave Pakistan as soon as their sentences are over and they are also very likely to be penalized when they return to their own country. They spent almost a month in jail before their convictions and they have been under detention since their trial.

3. As the appellants intend to leave Pakistan as soon as they are out of Jail I do not think any purpose will be served by keeping them here any longer. I would, therefore, reduce their sentences of imprisonment to the period already undergone. However, I would enhance their sentences of fine. Accordingly I enhance the sentence of fine in the case of Rodolf Jose Heim to Rs. 12,000 and in the case of Peter Kupprion to Rs. 6,000. In default of payment of the fine - Rodolf Josef Heim will undergo further simple imprisonment for a period of six months whereas for similar default Peter Kupprion will suffer further imprisonment for a period o f four months.

Cited by 4 cases

For educational and research use only โ€” not legal advice. Verify against the official report before relying on it. See our Disclaimer.
DisclaimerยทPrivacyยทTermsยทSearch