JUDGMENT NASIR ASLAM ZAHID, J.--1. The appellant has been convicted by judgment dated 6th May, 1979 of the learned Special Judge whereby the appellant has been convicted under clause (8) of section 1 36(1) of the Customs Act and sentenced to R.I. For 1-1/2 years and fine of Rs. 10,000/- in default to suffer further R.I. For 6 months. I have heard Mr. Muhammad Akmal Wasim, learned counsel for the appellant and Mr. A Rashid Nizamani, learned counsel for the State.
2. It is an admitted position that notice under section 171 of the Customs Act, 1969, was not served upon the appellant. Then it is also an admitted position that the goods recovered A from the taxi in which the appellant was sitting as a passenger were not sent to the chemical examiner for report as to whether the same were charas or not. In any case, conviction of the appellant is liable to be set aside on the ground that q notice under section 171 of the Customs Act, 1969 had not been served upon the appellant, which has been held to be mandatory in the following reported judgments:--
(i) Abdur Rauf Khan vs. Collector, Central Excise and Land Customs (1980 P.Cr.L.J.114). (ii) Azizullah vs. State (PLD 1981 Kar. 250). (iii) Abdur Rauf vs. State. (1983 P.Cr.L.J. 19). (iv) Gufran Ahmad vs. State (1983 P.Cr.L.J. 620 = PTCL 1983 CL. 136). (v) Noor Dad vs. State (1983 P.Cr.L.J. 623 = PTCL 1983 CL. 150).
(vi) Iqbal vs. State (PTCL 1985 CL. 47). In the last 4 Judgments referred to above, the convictions of the accused were set aside on the ground that notices under section 171 of the Customs Act had not been served upon the accused.
3. As a result, this appeal succeeds. The Judgment dated 6th May, 1979 of the learned Special Judge in case No. 120/78 convicting and sentencing appellant Muhammad Siddiq s/o Nannay Khan, is set aside.