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1996 SCMR 1135

NAZAR MUHAMMAD vs THE STATE

Citation1996 SCMR 1135
CourtSupreme Court of Pakistan
Case No.Criminal Petition for Leave to Appeal No, 15 of 1994
Date1994-04-17
Judge(s)Muhammad Rafique Tarar, Wali Muhammad Khan
ResultInterim bail confirmed

' MUHAMMAD RAFIQ TARAR, J.---Nazar Muhammad petitioner seeks leave to appeal from the judgment of the Special Appellate Court under Customs Act dated 21-12-1993 whereby his conviction under section 156(89) recorded by Special Judge Customs was maintained but his sentence was reduced from two years' R.I. To one year R.I. Maintaining the sentence of fine and with this modification his appeal was dismissed.

2. The prosecution version was that on 3-2-1991 at 3-45 p.m. Car No,285-379 Karachi driven by the petitioner was intercepted by a police party and 48 bottles of foreign liquor were recovered from it.

Thereafter, the petitioner led to the recovery of 541 bottles of foreign liquor from Kharotabad. After the usual investigation he was sent up to stand his trial.

3. The prosecution examined four witnesses to substantiate the recovery of illicit liquor from the petitioner. The petitioner pleaded not guilty to the charge and maintained that he was falsely implicated by the police.

4. Relying on the prosecution evidence the learned trial Judge convicted third sentenced the petitioner as mentioned above. His findings were affirmed by the Appellate Court.

5. Learned counsel for the petitioner tried to argue that the recovery of illicit liquor was not established but when confronted with the observation made by the Appellate Court that the appeal before it was not pressed on merits and only prayer for reduction of sentence was made, he had not much to say. The learned Appellate Court has already taken a very lenient view in the matter reducing the sentence from two years to one year R.I. There is no substance in this petition and the same dismissed.

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