1991 P Cr (PLP)

Appellant Muhammad Iqbal was tried by Special Judge (Customs & Taxation) Karachi, for the offence under clause (8) of subsection (1) of section 156 of the Customs Act, 1969, who found him guilty and vide judgment, dated 30-9-1989 sentenced him to suffer R.I. for 4 years and to pay a fine of Rs.1,00,000 (Rs. One lac only) or in default to suffer R.I. for 6 months more. The benefit of section 382-B, Cr.P.C. was also extended to the appellant, while computing the sentence awarded to him. By this jail appeal, which is barred by one month and 16 days, the appellant has challenged his conviction and sentence. The appellant who is present in custody has stated that in spite of his repeated requests his appeal was not forwarded by Superintendent Central Prison, Karachi within time. The delay in filing the appeal is, therefore, condoned.

2. The brief facts of the case are that on 29-4-1989, at about 3-00 a.m., the Intelligence Officer from Directorate of Intelligence and Investigation (Customs & Excise) Karachi, intercepted the present appellant in the International Departure Hall, Terminal No.III, Karachi Airport, who was proceeding to Colombo by Flight No.KL-801. The appellant was asked if he was carrying any contraband goods in his baggage to which he replied in negative. The search of suit-cases belonging to appellant was made, which led to the recovery of 1,550 grams of powder of heroin, concealed on the back sides of the suit-cases. Such memo was prepared in presence of Aziz Ahmed and Daleep, and a notice under section 171 of the Customs Act, 1969, was served upon the appellant. After usual investigation the appellant was sent up to stand trial for the said offence.

3. At the trial the appellant pleaded not guilty and claimed that the suit cases belonged to absconding accused Inayatullah, who proceeded to Colombo leaving him in difficulty. The prosecution examined Ghulam Mustafa Mehar, Intelligence Officer (P.W.1), Aziz Ahmed (P.W.2) and Muhammad Iqbal Malik (P.W.3).

4. In his statement recorded under section 342, Cr.P.C., the appellant admitted the recovery of powder of heroin from the suit-cases, which he was carrying, but pleaded that the same belonged to absconding accused Inayatullah. The appellant also examined himself on oath (D.W.1), but led no other evidence.

5. I have heard the appellant in person and Mr. Nizam Ahmed, learned D.A.-G. for State. The latter has submitted that the appellant appears to be an innocent carrier, and the sentence of imprisonment already undergone by him will meet the ends of justice.

6. There is overwhelming evidence on record to prove the appellant guilty. None of the prosecution witnesses was cross-examined, and the appellant has himself admitted the recovery of powder of heroin from the suit-cases, which he was carrying. However, it was all along pleaded by him that he is an innocent carrier, and in fact he was trapped in this case by absconding accused Inayatullah. The circumstances available on record indicate that appellant could be an innocent carrier, and in such a situation the sentence awarded to him appears to be severe. While maintaining the conviction awarded to the appellant, I would reduce the sentence of imprisonment to that already undergone by him. The sentence of fine is also reduced to Rs.1,000 (Rs. one thousand only). The appellant shall suffer R.I. for one week in case of failure to pay the fine. With this modification in sentence, the appeal is otherwise dismissed.

7. By a short order, dated 19-2-1991, 1 had dismissed the above appeal with the above modification in the sentence, and these are reasons for the said short order. N.H.Q./M-1396/K Sentence reduced.