Malik IBRAR SHARIF vs The STATE
This matter arises from a petition for leave to appeal against the judgment of the High Court dismissing the petitioner's appeal and upholding his conviction. The petitioner was intercepted at Karachi Airport by Customs officials upon arriving from Abu Dhabi, and a search of his baggage led to the recovery of twenty-nine slabs of gold concealed within household appliances. The core legal question concerned whether the prosecution sufficiently established the recovery of contraband from the petitioner's possession and whether the absence of a formal expert report rendered the proof of the recovered metal as gold legally deficient. The Supreme Court held that the conviction was based on a proper appraisal of evidence, noting that the petitioner admitted material facts regarding his travel and arrest, and that an evaluation certificate had been produced without challenge from the defense. The petition was accordingly dismissed and leave to appeal refused, affirming that admissions and uncontested evaluation certificates suffice to prove recovery and identity of contraband when corroborated by official testimony and circumstance.
- Whether an expert report is strictly essential to prove the nature of contraband when an evaluation certificate is produced and goes unchallenged by the defence?
- Can the admissions of an accused person regarding travel and arrest be used to corroborate the recovery of contraband from his baggage?
- Whether concurrent findings of lower courts regarding the identification of baggage and recovery of gold warrant interference by the Supreme Court in a petition for leave to appeal?
- Section 171, Customs Act 1969
- Section 156(1)(8), Customs Act 1969
ORDER
1. ABDUL QADEER CHAUDHRY, J.--Leave to appeal is sought against the judgment of the High Court dated 12-3-1990 whereby the appeal of the petitioner was dismissed.
2. The facts in brief, are that on 13-6-1989, at about 8.30 p.m. The petitioner was intercepted by the Customs Officer Muhammad Rais Azam Khan, in the Customs Examination Hall, Karachi Airport. The petitioner had arrived from Abu Dhabi by P.IA. Flight No. P K-218. In the presence of P.Ws. Abdul Hameed and Muhammad Abbas, the baggage of the petitioner was searched. The search of the baggage resulted in the recovery of 29 slabs of gold of 10 tolas each. The gold was concealed in Snack Toaster, rechargeable battery and Maulinix Juicer. The petitioner was arrested. He was also served with a notice under section 171 of the Customs Act, 1969. After usual investigation, the petitioner was sent up for trial before the Special Judge (Customs Taxation), Karachi, who convicted the petitioner under section 156(1)(8) of the Customs Act and sentenced him to undergo R.I. For 5 years and fine of Rs. 1,00,000. Or in default of payment of fine to suffer further R.I. For six months.
2. The petitioner challenged his conviction and sentence before the High Court of Sindh in appeal.
3. The same was dismissed.
4. The conviction of the petitioner was based on the statement of the complainant Muhammad Rais Azam Khan (P.W.3) who produced the passport of the petitioner (Ex.6-A/1), passenger ticket (Ex.6- A/2), tags six in number (Ex.6-A/3 to Ex.6-A/8), copy of notice under section 171 of the Customs Act (Ex.6-B). The Investigating Officer Allah Wassayo Zuber produced evaluation certificate of gold (Eh.7-A/2). Two mashirs P.W.1. Abdul Hameed and Muhammad Abbas P.W.2 did not support the mashirnama of recovery.
5. Learned counsel for the petitioner has submitted that the prosecution has failed to prove that the goods were recovered from the petitioner and to prove that the goods were contraband, a certificate of expert was essential. But in the present case, no report from any expert or any Government institution was produced to show that the metal recovered from the baggage of the petitioner was gold. This contention has no force. The petitioner has admitted that he came to Karachi from Abu Dhabi by P.IA. Flight. He has admitted that the Customs Officer had secured from his possession his passport, air ticket, three tags and three baggage claim tags. He has admitted that he had been arrested by the Customs Officer and a notice under section 171 of the Customs Act was served upon him.
6. As regards the contention with regard to the proof of gold, a certificate has been produced by the prosecution. Defence has not challenged the authenticity of the aforesaid certificate and even no request was made that gold recovered from the possession of the petitioner be got examined from some other expert. It was never challenged that the gold was not recovered from the petitioner.
7. The learned counsel submitted that the value of the gold amounts to Rs.10,50,000. It cannot be imagined that huge quantity of gold had been foisted on him. The identification of baggage and the quantity of gold have been properly made. No prejudice has been-caused to him. There was no enmity between the complainant and the petitioner. P.W.5 had produced mashirnama Ex.P.5 and he admitted his signature on it. He admitted that the Customs Officer had shown him the gold recovered.
8. The conviction of the petitioner is based on proper appraisal of evidence. The Courts below have come to the same conclusion. There is no force in this petition. The same is dismissed and leave to appeal is refused.
Cited by 2 cases
- Collector Of Customs, Model Customs Collectorate, Peshawar vs 1. Minhaj- PTCL 2009 CL. 533
- 2010 PTD 160 2010 PTD 160