1996 PLP 1135 (SCMR)
NAZAR MUHAMMAD ‑‑‑Petitioner Versus THE STATE‑‑‑Respondent
| Citation | 1996 PLP 1135 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Muhammad Rafiq Tarar and Wali Muhammad Khan, JJ |
| Parties | NAZAR MUHAMMAD ‑‑‑Petitioner Versus THE STATE‑‑‑Respondent |
| Primary Law | Customs Act (IV of 1969)‑‑‑ |
Q1: What are the key laws and sections cited in 1996 PLP 1135 (SCMR)?
This judgment primarily cites: Customs Act (IV of 1969)‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1996 PLP 1135 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Muhammad Rafiq Tarar and Wali Muhammad Khan, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1996 PLP 1135 (SCMR) (NAZAR MUHAMMAD ‑‑‑Petitioner Versus THE STATE‑‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Mian Qamaruddin Ahmad, Advocate Supreme Court instructed by Imtiaz M. Khan, Advocate‑on‑Record for Petitioner.
- Date of hearing: 17th April, 1994.
- Mian Qamaruddin Ahmad, Advocate Supreme Court instructed by Imtiaz M. Khan, Advocate-on-Record for Petitioner.
Headnotes / Summary
(On appeal from the judgment of Special Appellate Court under Customs Act, Balochistan, Quetta, dated 21‑12‑1993 passed in Case Customs Appeal No. 12/1993). ‑‑‑‑S. 156(89)‑‑‑Constitution of Pakistan (1973), Art.185(3)‑‑‑Petition for leave to appeal‑‑‑Appeal before the Special Appellate Court was not pressed on merits and only prayer for reduction of sentence was made‑‑‑Special Appellate Court had already taken a very lenient view sentence the matter reducing the sentence from two years' R.I. to one year's R.I.‑‑‑Leave to appeal was refused in circumstances. Nemo for the State.
Judgment & Decree
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 and 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. N.H.Q./N-408/S Leave refused.