Law: Criminal Procedure Code (V of 1898)

Section: 516A,523

Law: Customs Act, 1969

Section: 8,70,178,156(1)

Criminal Procedure Code (V of 1898)--- ----Ss. 516-A & 523---Customs Act (IV of 1969), Ss.8, 70, 178 & 156(1)---Smuggling---Passport, superdari of---Accused lady was a foreign national married to a Pakistani and she was alleged to have smuggled pork meat and liquor into Pakistan---Trial Court declined to hand over the accused her passport which was taken into custody at the time of her arrest---Authorities declined handing over the passport on the plea of a proof to travel history---Validity---Passport was prima facie neither instrumental to commission of alleged offence nor any offence was committed concerning the same as it had not been included in memo of recovery (Fard Baraamdgee) along with liquor and pork meat rather the same was added in memo of frisk (Fard Jama Talashi) listing her personal belongings like mobile phone, purse etc.---Passport could not be allowed to be retained on superficial basis of travel history recorded which could be seen through copy of passport---Procedure of law contained under Ss.516-A & 523, Cr.P.C. applicable on either case did not allow rejecting request for custody concerning an article which was not principally and essentially involved in commission or proof of alleged offence, where the same would limit freedom of movement---High Court directed the authorities to hand over passport to accused subject to furnishing solvent surety---Revision was allowed in circumstances. THIS ORDER PASSED BY: MUHAMMAD ANWAR KHAN KASI, C J.- This revision petition is directed against the Order dated 01.4.2015 passed by learned Special Judge (Customs), Rawalpindi/ICT, whereby application of the petitioner for superdari of Passport No. G-32383625 and other belongings, taken into possession in connection with case FIR No. 05, dated 04.2.2015, under Sections 8, 70, 178, 156(I) Customs Act, 1969, PS I&P Model Custom Collectorate Islamabad, was dismissed. 2. Learned counsel contends that while rejecting the application, learned Special Judge did not appreciate that passport is a title document, which needs to be returned and if same remains in custody of custom authorities, visa of the petitioner would expire and she will become an…

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