Shaukat Ali vs The State
This petition for leave to appeal was filed by Shaukat Ali against the judgment of the Lahore High Court, which maintained his conviction but reduced his sentence of imprisonment. The petitioner and his co-accused were apprehended while transporting Japanese polyester cloth concealed underneath coal in a truck. They were tried and convicted by the trial court under the Customs Act 1969. On appeal, the High Court reduced the petitioner's sentence of rigorous imprisonment from three years to one and a half years while maintaining the fine. Before the Supreme Court, the petitioner challenged the conviction on merits and contended that the fine of Rs. 5,000 was excessive. The Supreme Court held that the petitioner's guilt was fully established on the merits. Furthermore, considering that the smuggled cloth was valued at Rs. 43 lacs, the Court determined that the fine imposed was not excessive. Consequently, the Supreme Court dismissed the petition for leave to appeal.
- Whether a fine of five thousand rupees is excessive under the Customs Act 1969 when the value of the smuggled goods is forty-three lac rupees?
- Can a conviction under Section 156(1)(89) of the Customs Act 1969 be sustained where smuggled goods are found concealed underneath a legal cargo in a truck driven by the accused?
- Section 156(1)(89), Customs Act 1969
- Section 178, Customs Act 1969
ORDER: ASLAM RIAZ HUSSAIN, 3.-1. Shaukat All petitioner seeks leave to appeal against the judgment of the Lahore High Court, Lahore, dated 6-11-1984.
2. The facts, briefly, are that the petitioner and Mussarat co-accused were tried for smuggling 27 rolls of polyester cloth manufactured in Japan. They were apprehended in Faisalabad when they were on their way from Quetta when they were ostensibly bringing coal in a truck driven by the petitioner. Three sacks containing the above-mentioned cloth were found to be concealed underneath the coal. The learned trial Court convicted them under section 156(1X89) read with section 178 of the Customs Act. It sentenced them to 3 years R.1, and a fine of Rs. 5.000 each. In default each of them was ordered to suffer another 3 months' S.I.
On appeal the High Court maintained their conviction but reduced their sentence of imprisonment from 3 years' R.I. To 1-1/2 years' R.I. The sentence of fine was, however, maintained.
Shaukat Ali convict alone has filed the present petition of leave to appeal.
3. We have heard the learned counsel for the petitioner. We are of the view that the guiit has been squarely brought home to the petitioner and he has no case on merits.
4. The learned counsel urged that the sentence of fine (Rs. 5.000.) was too heavy and that the same may be reduced. He, however, admitted that the cloth being smuggled by the petitioner and his co-accused was worth Rs. 43 lacs. We do not, therefore, think that the fine imposed upon him is heavy.
The petition is, therefore, dismissed as having no force.