Obie Funs Emanuel, Nigerian National was tried by the learned Special Judge Customs, Lahore. By judgment, dated 17-12-1989 he convicted him under section 156(1)8 of the Customs Act, 1969 and sentenced him to four years' R.I. Plus a fine of Rs.10,000 or in default to undergo further S.I. For a period of 6 months with benefit of section 382-B, Cr.P.C'.
He has appealed.
The prosecution case in brief is that on 4-9-1988 a shipping bill m the Export Section of Airport, Lahore was filed on behalf of the appellant consisting of 408 plastic containers of prickly heat powder and 50 footballs. On examination of the consignment, it was found that plastic containers of prickly heat powder contained 9 Kgs. Of heroin. A case was registered at Police Station Sarwar Road, Cantt., Lahore and the appellant was arrested from Karachi on 8-9-1988.
3. At the trial, the appellant pleaded guilty and confessed his guilt. He stated that he had been engaged by one Gul Khan who had promised to pay 8,000 US Dollars to him for the said job. He prayed for a lenient view being the only bread-earner of his family.
4. Accepting his statement, the learned trial Court convicted and sentenced him as described above.
5. I have heard the learned counsel for the appellant. He does not challenge the conviction but only prays for reduction of the sentence. According to him the appellant is a foreigner and is behind the bars since about 29 months and that he would leave the country as soon as he is released from jail.
6. The learned trial Court had observed that he was not the real beneficiary and thus took a lenient view. The appellant is a foreign national and undertakes to leave the country soon after his release from jail. He has already undergone sufficient imprisonment.
Taking in view the above circumstances, I reduce the period of his imprisonment to the one already undergone by him plus the same fine as awarded by the learned trial Court. He shall be released on payment of the above fine failing which he will undergo 6 months' S.I.
With the above modification in the sentence, the appeal is otherwise dismissed.