Law:

Section:

Criminal Procedure Code (V of 1898) --------- ----------S. 497 --------- Customs Act (IV of 1969), Ss.2(s), 156(1), 70, 157 & 178 --------- Foreign Exchange Regulation Act (VII of 1947), S.8 --------- Bail, grant of --------- Scope --------- Contention of prosecution was that accused attempted to smuggle out of Pakistan, Foreign Currency (US dollars), beyond permissible limit --------- Accused's plea was that such amount was sale proceeds of her five plots of land and that accused was to hand over the said amount to her brother, who was scheduled to arrive at the Airport --------- Held, that accused being a female had no previous criminal record and deserved some leniency in view of S.497, Cr.P.C. --------- Although the offence under S.156(1)(8) of Customs Act, 1969 carried a sentence of 14 years imprisonment, however act of taking foreign currency out of Pakistan beyond prescribed limit was not immoral or anti-social in nature, but was technical --------- Accused had since been remanded to judicial custody as such she was no more required for purpose of investigation, thus, her further detention would not serve any useful purpose --------- Petition was allowed and accused was granted bail subject to her furnishing bail bonds in sum of rupees five lac. Mirza Farhan Ahmad v. The State 2009 SCMR 304 rel. THIS ORDER PASSED BY: MUHAMMAD ANWAARUL HAQ, JUSTICE:----------- Through special order dated 8th of July, 2015, the Hon'ble Chief Justice has been pleased to entrust this petition to this Bench. 2. The petitioner has been unsuccessful before the two forums including the Court of learned Judge, Special Court, (Customs, Taxation and Anti-Smuggling) Rawalpindi/ICT and the learned Special Appellate Court, constituted under the Prevention of Smuggling Act for the Province of Punjab, as her petitions for grant of post arrest bail were dismissed by the said Courts vide orders dated 16.3.2015 and 29.6.2015, respectively. Hence, through this petition the petitioner seeks her enlargement on bail in case FIR No. 10, dated 14.3.2015, registered under sections 2(s), 156(1)(8), 70, 157,178 of the Customs Act, 1969 read with section 8 of the Foreign Exchange Regulation Act,…

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