1988 PLP 908 (MLD)
IBRAHIM GHANI ABOO‑‑Appellant Versus THE STATE‑‑Respondent
| Citation | 1988 PLP 908 (MLD) |
| Forum / Court | Karachi |
| Bench Members | Saeeduzzaman Siddiqui, J |
| Parties | IBRAHIM GHANI ABOO‑‑Appellant Versus THE STATE‑‑Respondent |
| Primary Law | Customs Act (IV of 1969)‑‑ |
Q1: What are the key laws and sections cited in 1988 PLP 908 (MLD)?
This judgment primarily cites: Customs Act (IV of 1969)‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1988 PLP 908 (MLD)?
The case was heard and decided by the Karachi bench comprising: Saeeduzzaman Siddiqui, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1988 PLP 908 (MLD) (IBRAHIM GHANI ABOO‑‑Appellant Versus THE STATE‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Hayat Junejo for Appellant.
- Date of hearing: 27th October, 1987.
Headnotes / Summary
‑‑‑S. 156(1)‑‑Sentence, quantum of‑‑Accused, a foreign national apprehended while boarding flight for Dubai, carrying Pakistani and Saudi currency‑‑Accused 63 years old, remaining in jail for about 3 months and 10 days‑‑Agony of protracted trial for about 8 years‑‑Accused not in position to go back to his country and see his family during ail this period‑‑Sentence reduced to one already undergone by accused in circumstances. Abdul Sattar for the State.
Judgment & Decree
Learned counsel for the appellant does not press the appeal against conviction but only prays that keeping in view the old age of the appellant, the fact that he is not claiming the money allegedly recovered from him and the fact that he faced the agony of prosecuting his case for about 8 years in Pakistan and thus remained away from his family which is in Sri Lanka for all these years, the sentence of 3 years and the fine awarded by the learned trial Judge may be reduced to the period already suffered by the appellant in detention. It is an admitted position in the case that the appellant is a national of Sri Lanka. He was arrested on 12‑6‑1979 while he was attempting to board flight bound for Dubai. Rs.20,60,000 Pak currency and 28,500 Saudi Royal were recovered from him but the appellant disclaimed the same and pleaded that it was on account of exchange. of baggage with some other passenger. This plea was not accepted by the learned trial Judge and he convicted and sentenced the appellant to undergo three years, R.I. and a fine of Rs. One lac or in default of payment of fine to suffer further R.I. for one year. He was released on bail on 17th September, 1979 and was finally convicted by the trial Court on 12‑12‑1985, and was again released on bail by this Court on 16‑12‑1985. In this manner the appellant remained under) detention after his arrest for about 3 months and 10 days in all. Keeping in view the old age of appellant who is now 63 years of age according to entries in his. passport and is a foreign national and it took about 6‑1/2 years before the trial ft Court to conclude his trial and about 2 years to conclude his appeal in this Court: and for all this period on account of pendency of his case he could not go to Sri; Lanka and meet his family members, I am inclined to accept the prayer made .4 the learned counsel for the appellant. Accordingly while maintaining the; conviction of appellant I reduce the sentence awarded by the learned trial Judge; to only 3 months and 10 days which the appellant already suffered in detention. before and after his conviction. The appellant is already on bail and his bail bonds are accordingly discharged. S.A./I‑37/K Sentence reduced