' SHAFIUR RAHMAN, J.---The two petitioners stand convicted of the offence under section 156 (1) (8) of the Customs Act, 1969. Their appeals in the Special Appellate Court of Sindh at Karachi against conviction and sentence failed. The sentence awarded to them was of 7 years' R.I. And a fine of Rs,50,00,000 each or in default two years' R.I. With benefit of section 382-B of the Criminal Procedure Code. The judgment of the trial Court is dated 13-7-1991 and that of the Appellate Court 13-12-1992.
2. In seeking leave to appeal the learned counsel for the petitioners have urged that there was no evidence at all worthy of credit for convicting or maintaining the conviction of the petitioners.
During the hearing on the last occasion a question taken note of was whether a petition under Article 185(3) of the Constitution is at all competent in proceedings arising out of section 185-F of the Customs Act.
3. As regards the competency of such an appeal, the learned counsel have drawn our attention to three such reported cases where appeals were entertained and these are Muhammad Akbar v.
The State (1984 SCM R 1512), Shaukat Ali v. The State (1985 SCM R 1213) and Daulat Khan and another v. The State (1991 SCM R 290). He has further contended that such an appeal would be competent on the strength of section 185-F of the Customs Act which makes the proceedings subject to Chapters XXXI and XXXII of the Criminal Procedure Code wherein the appeal to the Supreme Court is envisaged.
4. In view of these submissions of the learned counsel the question of competence of the appeal requires fuller examination and authoritative pronouncement. The case appears, prima facie, to be one where the evidence brought on record at the trial requires re-appraisal for ensuring safe administration of criminal justice. Hence, leave to appeal is granted in both the petitions.
5. We are told that convicts have undergone already their substantive sentence and that they are being' kept under detention for their failure to pay the fine. If the petitioners have in fact undergone the substantive sentence inclusive of the benefit given to them of section 382-B of the Criminal Procedure Code, then they shall be released on bail on depositing each one of them in cash Rs,2500000 towards the fine and furnishing security for the remainder Rs,25,00,000 with two sureties in the like amount each to the satisfaction of the Special Court. The amounts so deposited shall be refundable in case they succeed in getting their conviction and sentence set aside