Khushnood Ahmad son of Muhammad Rafiq has been convicted under section 156(1)(8) of the Customs Act, 1969 and sentenced to 10 years' R.I. And to pay a fine of Rs.10,000 or in default to undergo further S.I. For 6 months with benefit of section 382-B, Cr.P.C. By the learned Special Judge Customs, Lahore on 7-6-1989.
He has appealed.
2. The prosecution case is that on 21-6-1987 the appellant came to Railway Station, Lahore. On suspicion, his box was opened and from its false bottom 2,750 grams of heroin was recovered. It is alleged that he had attempted to smuggle it out of Pakistan. Sample of the heroin was taken and sent to Chemical Examiner who vide his report Exh. P.D. Stated that it contained heroin. Syed Zafar Imam Deputy Superintendent, Customs P.W.3, Abdur Rashid P.W.4, Qadeer Ahmad P.W.5 and Mahmood Saeed Inspector Customs P.W.6 attested the recovery memo. Exh.PA.
3. The prosecution examined Muhammad Akhtar Wedhra, Superintendent Customs P.W.1 at whose instance the luggage of the appellant was searched. Zafar Imam Deputy Superintendent Customs P.W.3, Abdul Rashid P.W.4, Kadeer Ahmad P.W.5 and Mahmood Saeed Inspector Customs attested the recovery memo. Dr. Muhammad Iqbal, Assistant Chemical Examiner proved his report Exh. P.D.
4. The appellant denied the prosecution allegations and stated that on the relevant day he had gone to Railway Station, Lahore to receive his nephew and he saw two persons quarrelling with each other. He intervened. In the meantime, the third person ran away. The said two persons who were Customs Officers caugh hold of him suspecting that he knew the person who had run away.
When that person was not found he was involved in the case. He disowned the steel box.
He did not call any evidence in defence.
Relying on the prosecution evidence, the learned trial Court convicted and sentenced the appellant as described above.
5. It is contended that there was no evidence to the effect that the appellant was arrested within the Customs Zone and further that his passport was not produced to show that he was actually proceeding to India.
It is stated on behalf of the prosecution that the fact that the appellant had got himself cleared from the Emigration Staff and was found present in the Customs Zone clearly establishes that he intended to leave for India. Mahmood Saeed Inspector Customs P.W.6 stated that the passport Exh.P.3 of the appellant was seized through memo. Exh.P.E. Which showed that the appellant was holding a visa for India and it contained Emigration clearance seal dated 21-6-1987. The recovery of heroin from his box stands established through unimpeachable evidence of the above- mentioned prosecution witnesses. They were cross---examined at length but their evidence could not be shattered. They have fully supported one another on all material particulars. The defence plea raised by the appellant does not find support from the material on record.
6. In the above circumstances, the prosecution case stands fully established against the appellant.
He was, therefore, rightly convicted. As he is a first offender and is behind the bars since 21-6-1987 1 reduce the period of imprisonment to 7 years' R.I. Plus a fine of Rs.25,000 or in default to undergo 6 months' S.I. With benefit of section 382-B, Cr.P.C.
The appeal is dismissed with the above modification in the sentence.