can be considered together. Tamjid Ali and others v. The State — 1969 PCRLJ 324

Citation: 1969 PCRLJ 324

Court: Lahore High Court

Year: 1969

Decision Date: 1969-07-05

Parties: BARKAT ALI Alias NIKKA AND Others vs THE STATE

Headnotes

324) was cited in support of the contention that a Magistrate could take cognizance of an offence punishable under section 5 of Imports and Exports (Control) Act, 1950, and section 167(8) of the Sea Customs Act, on the report of the police or East Pakistan Rangers, and that the report must be of a Customs Collector or any officer authorised by him in this behalf. Additional Advocate --General v.

Judgment Text

Court Name: Lahore High Court Judge(s): Muhammad Afzal Zullah Title: BARKAT ALI Alias NIKKA AND Others vs THE STATE Case No.: Criminal Appeal No. 648 of 1967 Date of Judgment:1969-07-05 Reported As: 1970 P Cr. L J 136 Result: Appeal dismissed JUDGMENT JUDGMENT In a case of smuggling, Ch. Nazir Ahmad, Magistrate section 30, Kasur convicted and sentenced 11 persons, vide his judgment, dated 2 September 1967. Another accused person named Ghulam Rasul absconded after the conclusion of the evidence but before the arguments in the case. He, however, was apprehended soon thereafter. The same learned Magistrate convicted him by a separate judgement, dated 19 September 1967. Three separate appeals have been filed by the 12 convicts. Musta, Nur Muhammad, Shingara Singh, Shabbeg Singh, Kartar Singh and Balbir Singh are appellants in Criminal Appeal No. 633 of 1967 and challenge their conviction and sentence of five years' R. I. Each under section 167 (8) of the Sea Customs Act. In the same appeal, Barkat Ali and Umar Din have challenged their conviction and sentence of one year's R.I. Each under section 9 of the Opium Act, to run consecutively with the sentences under section 167 (8) of the Sea Customs Act. In Criminal Appeal No. 668 of 1967, Ghulam Rasul has challenged his conviction and sentence of five years' R. I. Under section 167 (8) of Sea Customs Act. As all the three appeals arise out of the same case and same evidence, therefore, they are being disposed of together by this…

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