J. Also expressed this in the case of Shish Muhammad and others v. The State — 1968 PLD 1183

Citation: 1968 PLD 1183

Court: Dacca

Year: 1969

Decision Date: 1969-12-31

Parties: ALOK KUMAR MITRA AND Other vs THE STATE

Headnotes

It therefore, follows that the facts of these cases attracting the provision of section 167(8)(a) of the Sea Customs Act could only be punishable by Customs Officers and could not be tried by a Magistrate and as such the judgment of the learned Magistrate is liable to be set aside. Accordingly I would direct that the convic--petition and sentence of the petitioners under section 167(8)(a) should be set aside and they should be set at liberty.

Judgment Text

Court Name: Dacca Judge(s): T. H. Khan, Salahuddin Ahmed, A. M. Sayem, Maksum-ul-Haki Abdul Hakim Title: ALOK KUMAR MITRA AND Other vs THE STATE Case No.:Criminal Revisions Nos. 639, 645 and 717 of 1967 Criminal Revision No. 646 JUDGMENT Reported As: PLD 1970 Dacca 289 Result: A. Judgment JUDGMENT SALAHUDDIN AHMED, J.-This reference has a chequered history. The three revision cases were originally heard by a Division Bench consisting of two Judges, namely, myself and Abdul Hakim, J. I found the petitioners guilty under section 167(8)(b) instead of under section 167(8)(a) of the Sea Customs Act and proposed to pass the following order :- "Accordingly I would alter the conviction of each one of the petitioners from one under section 167(8)(a) to one under section 167(8)(b) of the Sea Customs Act and would reduce the sentence passed upon petitioner Afsaruddin to the payment of a penalty of Rs. 4,000 only and would also reduce the sentences of petitioner Ramjan A.I to the payment of a penalty of Rs. 2,000 only and the sentences of the other four petitioners to the payment of a penalty of Pas. 500 each . . . . . .The three Rules should be disposed of accordingly." N1-o final order, however, could be passed as there was a difference of opinion. Between the two members of the Bench as to the forum of appeal from an order of conviction under section 167(8) of the Sea Customs Act. Abdul Hakim, J. After having expressed his views on the forum of appeal concluded his judgment thus :-…

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