Orji Ekearur Orji and Micheal Blodun Olaoye appellants both Nigerian Nationals were tried by Mr. Aqeel Ahmad Khan, Special Judge, Customs, Lahore in case F.I.R. No.33 of 1989 dated 11-3-1989 Police Station, Sarwar Road, Lahore Cantt. Under section 156(1)(8)(77), 2(S) Customs Act, 1969. By judgment dated 4-6-1989 he convicted them under section 156(1)(8), read with section 178 of the Customs Act, 1969 and sentenced them to four years' R.I. Plus a fine of Rs.10,000 or in default to undergo S.I. For 6 months each with benefit of section 382-B, Cr.P.C.
They have appealed.
2. The prosecution case is that the Customs Authorities had received a secret information that the appellants would smuggle heroin on 10-3-1989 by Flight Number I.C. 432. The Customs Authorities checked them at the customs counter. They were searched but nothing objectionable was recovered. After observance of the due formalities their X-Rays were taken and some foreign body was spotted. Consequently, they were taken to Mayo Hospital where as a result of medication 770 grams of heroin was recovered from the body of Orji Ekearur Orji appellant No.1 and 780 grams of heroin was brought out of the body of Micheal Blodun Olaoye appellant No.2. They were arrested.
After investigation, they were challaned.
3. At the trial, they pleaded guilty to the charge. Orji Ekearur Orji appellant No. 1 stated that he was merely a carrier and had been paid 1200 U.S. Dollars for smuggling heroin out of Pakistan. Micheal Blodun Olaoye appellant No.2 also made the similar statement.
4. In view of their confessional statements the learned Special Judge Customs, Lahore convicted and sentenced them as described above.
5. It is contended that the appellants who were foreigners would leave Pakistan soon after their release from Jail and that no useful purpose would be served by keeping them in Jail and further that there is a likelihood that they would also be punished when they return to their country. They request for the reduction of the quantum of sentence to that of already undergone by them.
6. The appellants did not contest the prosecution case and confessed their guilt. They admitted the recovery of heroin from their bodies. They were, therefore, rightly convicted. As regards sentence, I consider them entitled to some leniency because both are foreign nationals and intend to leave Pakistan after their release. Accordingly, while maintaining their conviction, I reduce their sentence to two years' R.I. And a fine of Rs.5,000 each or in default to undergo S.I. For three months each with benefit of section 382-B, Cr.P.C.
The appeal is otherwise dismissed with the above modification in the sentence.