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The COLLECTOR CUSTOMS vs ABDUL ZAHIR Ss — 2021 PTD 1732 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation
2021 PTD 1732 QUETTA-HIGH-COURT-BALOCHISTAN
Court
Balochistan High Court
Year
2021
Reporter
PTD
Parties
The COLLECTOR CUSTOMS vs ABDUL ZAHIR Ss
Subject matter
Criminal

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

The COLLECTOR CUSTOMS VS ABDUL ZAHIR Ss.32, 156(1)(14), 156(1)(86), 156(1)(95-a), 156(1)(96) & 211---Customs Rules, 2001, Rr. 101 & 102---Mis-declaration---Failure to give information regarding offence---Dishonestly issuing a security---Failure to maintain record---appreciation of evidence---Delayed FIR---Scope---Department assailed the acquittal of respondents by the Special Judge Customs---alleged forgery was committed in the month of July 2008 but the FIR was lodged with a delay of four years---Entire case of the prosecution rested upon Goods Declarations and E-Forms, wherein allegedly forgery and tampering was committed by the accused in their capacity as Exporters/Clearing agents, but the prosecution had failed to produce the documents in the trial court in order to establish charges of forgery and tampering---Investigating Officer had admitted that it was the duty the Customs authorities to keep original documents in the office---Non-production of relevant and essential documents in the trial court had rendered the entire case of prosecution as doubtful and nothing was left to make reliance for awarding conviction and sentence to the accused---Prosecution had failed to establish the charge through concrete and solid evidence, which fact itself was admitted by its own witnesses---appeals against acquittal were dismissed, in circumstances.

Other judgments reported in 2021 PTD

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