THE STATE vs GHULAM JAFFAR ETC. — 1970 PLD 134

Citation: 1970 PLD 134

Court: Peshawar High Court

Year: 1970

Decision Date: 1970-01-16

Parties: THE STATE vs GHULAM JAFFAR ETC.

Headnotes

Case cited as PLD 1970 Peshawar 134

Judgment Text

Court Name: Peshawar High Court Judge(s): Shah Zaman Babar Title: THE STATE vs GHULAM JAFFAR ETC. Case No.: Criminal Reference No. 100 of 1967 Date of Judgment:1970-01-16 Reported As: PLD 1970 Peshawar 134 Result: Reference accepted JUDGMENT JUDGMENT On 2-8-1965, the Customs Intelligence Officer arrested Ghulam Jafar and Ghulam Muhammad respondents 1 and 2 at the G. T. S. City Bus Stand, Peshawar, and were found in possession of allegedly smuggled pieces of gold, Exhs. P. 1 and P. 2, weighing 85 tolas 20 mashas. Ghulam Jafar and Ghulam Muhammad along with Haji Abdul Aziz were tried by Magistrate 1st Class, Peshawar, on a charge under section 167(81), Sea Customs Act. The trial Magistrate by his order dated 3.)-11- 66 while giving the benefit of doubt to the accused, acquitted them under section 258, Cr. P. C. And ordered that the case property viz. Gold pieces Exhs. P. 1 and P. 2 be returned to the owner from whose possession it were recovered. The Intelligence Officer Customs, Intelligence Investigation, Peshawar, through Public Prosecutor, Peshawar filed revision in the Court of the Sessions Judge, Peshawar, by the order dated 31-3-67, the Additional Sessions Judge, Peshawar, submitted the record to the High Court for setting a ide the order of the Magistrate and passing appropriate orders under the provisions of Sea Customs Act for the officers empowered there under, to pass the order regarding the confiscation or restoration of the gold pieces. This case along with…

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