1. ' Appellants abovenamed were convicted under section 156(1)(8) read with section 178 of Customs Act, 1969, on their own plea of guilt by Special Judge (Customs & Taxation), Karachi in Case No,140/83 vide Judgment, dated 7th December, 1983 and sentenced to suffer 18 months' R.I. And fine of Rs, 20,000 each or in default to suffer further R.I. For one month, have preferred the above appeal under section 185-F of Customs Act, 1969, read with section 412, Cr.P.C. On the following facts and grounds: ' That the appellant are the seamen and were the crew members of M.V.DODO-V, when on or about 27th November, 1982, the appellants were arrested from their Ship in High Seas by Pakistan Coast Guards, for carrying allegedly illicit cargo of over 7,000 crates of whisky.
2. ' The appellants, who are friendless and Greek Nationals remained in custody for over one year, as under-trial prisoners although they were released on bail by this High Court, but since they had no means to furnish surety, they remained in Jail and could not avail the indulgence granted by this Court.
3. ' That the crew members have been treated at par with captain, although no role at all has been assigned to the Crew either in F.I.R., challan or the charge framed by the trial Court.
4. ' It is submitted that the sentence awarded to the crew is on the higher side and they have no means to pay fine either.
5. ' The learned Advocate in support of the above grounds relied upon cases 1978 P Cr.L J 633 and 1978 P Cr. L J 209 and submitted that all the appellants have remained in custody right from day of their arrest (27th November, 1982) as they were unable to furnish sureties and are not in a position to pay fine imposed on them, as they have no source of income at all in Pakistan nor any relatives and as such their further detention is causing extreme hardship to their respective families, in their home countries, as they are the only earning members of their respective families and consequently sentence undergone by them may be considered as sufficient punishment in their cases, specially as they were not the beneficiaries of the goods in question, but were only crew of the ship and had nothing to do with the alleged smuggling. In addition to this there is nothing in F.I.R. To suggest that they were in any way involved in sale of the goods in question.
6. ' Learned counsel appearing for the State on the other hand submitted that fine imposed on appellants may be reduced to Rs,10,000 and imprisonment to the period already undergone by them as present appellants were not directly involved in sale of the smuggled goods.
7. ' I have Carefully considered the above submissions made by the learned Advocates before me and have gone through the impugned judgment. It is admitted position, that present appellants are in no way concerned in sale of the goods in question, which is evident from F.I.R. As well as impugned judgment. It is also admitted position that these appellants were not in position to furnish sureties on grant of bail nor they are in position to pay heavy fine imposed on them, as they are foreigners and have no source of income in Pakistan nor any relatives to help them. Keeping in view these admitted facts on record, the cases sighted by the learned counsel for appellants are applicable to the facts of the present case.
8. ' Therefore I allow the above appeal to the extent that sentences awarded to appellants are reduced from 18 months' R.I. To the period already undergone by them and fine of Rs,20,000 imposed on each one of them is reduced to Rs,5,000 (one each) or in default to suffer further R.I.
9. For one month only, as present appellants are neither beneficiaries of goods in question nor directly involved in sale of smuggled goods and as such reduction of sentences awarded to them by this judgment would meet the ends of justice, in view of the facts of the present case.
10. The above appeal is disposed of in the terms of above judgment.