Law: Criminal Procedure Code (V of 1898)

Section: 498

Law: Customs Act, 1969

Section: 2(s),16,18,32(1)(2),156(1)(9)(14)(82),17 8

(a) Criminal Procedure Code (V of 1898)--- ----S. 498---Customs Act (IV of 1969), Ss. 2(s), 16, 18, 32(1) & (2), 156(1), (9), (14), & (82) & 178---Ad interim pre-arrest bail, confirmation of---Preparing false inspection report---Female customs inspector accused of preparing a false inspection report of a container regarding its contents, causing huge loss to the Government exchequer---Customs department and investigating officer were unable to produce any original documents/report containing signatures of accused---Accused was a lady and a government servant having service record of 25 years and apparently there was no criminal case against her except the present one---Offence alleged against accused was punishable with imprisonment of up to three years or fine or both, as such it did not fall within the prohibitory clause of S. 497(1), Cr.P.C.---Accused was also not required for any further investigation---Interim pre-arrest bail already granted to accused was confirmed in circumstances. (b) Criminal Procedure Code (V of 1898)--- ----S. 498---Customs Act (IV of 1969), Ss. 2(s), 16, 18, 32(1) & (2), 156(1), (9), (14), & (82) & 178---Ad interim pre-arrest bail, confirmation of---Evasion of customs duty---Company belonging to accused lady allegedly cleared a container from Customs in connivance with a customs inspector causing a huge loss to the Government Exchequer---Accused subsequently paid the relevant duty, penalty and even the fine and her container had been released by Customs department---Clearing agent who had submitted documents in place of accused was still at large---Offence alleged against accused was punishable with imprisonment of up to three years or fine or both, as such it did not fall within the prohibitoryclause of S. 497(1), Cr.P.C---Accused was also not required for any further investigation---Interim pre-arrest bail already granted to accused was confirmed in circumstances. ORDER SH. NAJAM-UL-HASAN, J.---Through this single order Criminal Miscellaneous No. 4256-B of 2013 filed by Mst. Farrah Noor and Criminal Miscellaneous No. 4255-B of 2013 filed by Mst. Samina Naz are being disposed of together as both these…

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