UMAR GUL AND ANOTHER vs THE STATE — 1971 PLD 123

Citation: 1971 PLD 123

Court: Peshawar High Court

Year: 1971

Decision Date: 1971-03-10

Parties: UMAR GUL AND ANOTHER vs THE STATE

Headnotes

Case cited as PLD 1971 Peshawar 123

Judgment Text

Court Name: Peshawar High Court Judge(s): Qaisar Khan, Shah Zaman Babar Title: UMAR GUL AND ANOTHER vs THE STATE Case No.: Criminal Revision No, 214 of 1964 Date of Judgment:1971-03-10 Reported As: PLD 1971 Peshawar 123 Result: Reference answered in negative JUDGMENT JUDGMENT SHAH ZAMAN BABAR, J.--These three Criminal Revi-sions No, 214 of 1964, No, 3 of 1965, and No, 185 of 1970, are disposed of by a single judgment as a common point of law has cropped up therein. Criminal Revision No, 214 of 1964 2. On 18-8-64 at about 9 a.m. Khybermail Lorry No, P.R. 1418, driven by Umar Gul driver with Ahmad Gul conductor was checked at Jamrud.. Eighteen bundles of copper sheets concealed under false roof of the vehicle were recovered. Umar Gul and Ahmad Gul were tried by S. Jamil Ahmad, C.S.P., Political Agent Khyber, who by his order dated 29-8-1964, found both the offenders guilty of the offence under section 167(8) of the Sea Customs Act. Ahmad Gul was sentenced to undergo four months' R. I. while Umar Gul, as an abettor, was sentenced to pay a fine of Rs, 2,000 or in default to undergo four months' R. I. The copper sheets were confiscated to the Government. Umar Gul and Ahmad Gul, Afridis Qambar Khel, have come up on revision to this Court under section 439, Cr. P. C. from the order dated 29-8-1964, of the Political Agent Khyber, acting as a District Magistrate. Criminal Revision No, 3 of 1965 3. On 13-12-1964 the Frontier Constabulary personnel, acting on information, took…

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