' The appellants, Muhammad Sadiq and Muhammad Latif, were convicted by the Special Judge (Customs), Lahore of an offence under section 156(1)(8), read with section 178 of the Customs Act and were sentenced to suffer rigorous imprisonment for a period of two yeaRs, They have filed this appeal against their conviction and sentence.
2. According to the prosecution, on the night between 26th and 27th March, 1973, the Sutlej Rangers organized a Nakabandi party in the vicinity of village Diyal on the Indo-Pakistan border. At about 5- 00 a.m. a number of persons including the appellants were seen coming from India. They had some bundles with them. The Nakabandi party challenged them. Except for the appellants the others managed to run away. On search of the spot 215 pounds of betel leaves of Indian origin and 494 pounds of cloves were recovered. On the basis of an incident report prepared by Inspector Muhammad Aslam (P.W.1) who was heading the Nakabandi party, an F.I.R. Under section 156(1)(8) was registered at Police Station Manawan at 6-30 p.m. On 27-2-1973.
3. The appellants pleaded not guilty to the charge against them. They denied that they were caught in the act of smuggling betel leaves and cloves into Pakistan. They alleged that they had been falsely implicated in this case. They produced two witnesses in defence.
4. The case of the prosecution against the appellants rests mainly on the testimony of Inspector Muhammad Aslam (P.W.1), Lance Naik Muhammad Azad (P.W.4) and Sepoy Muhammad Khan (P.W.8). They were members of the Nakabandi party. Another member of the Nakabandi party, namely, Lance Naik Maskeen Ali Shah (P.W.5) did not support the prosecution version and as such he was declared hostile. Inspector Muhammad Aslam (P.W.1), Lance Naik Muhammad Azad (P.W.4) and Sepoy Muhammad Khan (P.W.8) deposed that they had seen the two appellants along with a number of other persons coming from India while carrying bundles. When the appellants and their companions were challenged they tried to run away after throwing the bundles. The Nakabandi party was able to capture the two appellants. On search the spot where the bundles were thrown, 215 pounds of betel leaves and 49i pounds of cloves were recovered. There is no reason at why any of these witnesses should have perjured himself against the appellants. It does not appear from the record that any member of the Nakabandi party was acquainted with the appellants prior to the relevant day. The two defence witnesses stated that the appellants were arrested from their fields. It is a most unlikely story for it is incredible that a party of Sutlej Rangers should take innocent persons from their fields B and then plant such a large quantities of betel leaves and cloves on them without any motive whatsoever. I am, therefore, unable to accept the version of the defence witnesses.
5. It was contended at the bar that at the time of the arrest the appellants were not given any notice under section 171 of the Customs Act. I am afraid I cannot accept this plea for no foundation for this plea was laid at the trial. Had this been done the prosecution might have been in the position to meet this objection.
6. For the reasons stated above, I am satisfied that the appellants were in fact caught while smuggling betel leaves and cloves from India into Pakistan. Thus they were rightly convicted of an offence under section 156(1)(8), read with section 178, of the Customs Act. The question of sentence requires consideration. The incidence took place more than 12 years ago and the appellants faced a prolonged trial which did not conclude till 1976. Since then the appellants have been suffering the torture of suspended sentence. In my opinion the interest of justice will be fully served if their sentence is reduced to the period already undergone by them. I . At present appellants are on bail.
Their bail bonds shall stand discharged.