| Citation(s) |
|---|
| 2017 SLG 1800 2017 SLD 1800 2017 SCMR 722 |
Supreme Court of Pakistan
Criminal Petition No. 1096-L of 2016, decision & hearing Date : 27-09-2016 On appeal from the order Dated 11.8.2016 of the Lahore High Court, Lahore passed in Crl. R. No. 894 of 2016
SH. AZMAT SAEED, JUSTICE, MANZOOR AHMAD MALIK, JUSTICE, KHILJI ARIF HUSSAIN, JUSTICE
Miss Gulzar Butt, Advocate Supreme Court and Mian Ghulam Hussain, Advocate-on-Record (Absent) for Petitioner. Ch. Muhammad Zafar Iqbal, Advocate Supreme Court and Ahmed Nawaz Ch., Advocate-on-Record (Absent) for the Collector Preventive.
Criminal Petition No. 1096-L of 2016, decision & hearing Date : 27-09-2016 On appeal from the order Dated 11.8.2016 of the Lahore High Court, Lahore passed in Crl. R. No. 894 of 2016
SH. AZMAT SAEED, JUSTICE, MANZOOR AHMAD MALIK, JUSTICE, KHILJI ARIF HUSSAIN, JUSTICE
Miss Gulzar Butt, Advocate Supreme Court and Mian Ghulam Hussain, Advocate-on-Record (Absent) for Petitioner. Ch. Muhammad Zafar Iqbal, Advocate Supreme Court and Ahmed Nawaz Ch., Advocate-on-Record (Absent) for the Collector Preventive.
NASIR BIN SAEED
VS
SPECIAL JUDGE CUSTOMS AND OTHERS
Law: Customs Act, 1969
Section: 2(s),16,139,156(1)(8),156(1)(70),157,178
Customs Act (IV of 1969)--- ----Ss. 2(s), 16, 139, 156(1)(8), 156(1)(70), 157 & 178---Confiscation of passport by Customs authorities---Legality---Accused was charged with possession of foreign currency---Special Judge, Customs granted bail to accused but his passport was retained by Customs authorities---No condition was imposed in the bail granting order, with regard to the surrender of the passport of the accused---Said order was not challenged by the Customs authorities seeking any modification therein---Customs department had not made any application to the Interior Ministry for placing the name of the accused on the Exit Control List---Customs department was unable to point out any law under which the passport of accused could be retained---Supreme Court directed Customs authorities to return the passport of the accused subject to an undertaking, that the accused would present his passport as and when required by the Customs authorities, and the accused shall also submit a surety bond for the sum of Rs.5,00,000/- (Rupees five lacs) to the satisfaction of the Customs authorities that he would not abscond himself---Appeal was allowed accordingly. THIS ORDER PASSED BY: SH. AZMAT SAEED, JUSTICE:---.--- The Petitioner is an accused in a case FIR No. 8/2016 dated 07.6.2016 for the offences under sections 2(s), 16, 139, 156(1)(8)(70), 157 and 178 of the Customs Act, 1969 registered at Police Station I P Cell, MCC, Customs House, Lahore, having been found in possession of foreign currency equal to Pak Rs.80,95,962. The Petitioner applied for bail, which was granted to him by the learned Special Judge, Customs, Lahore. 2. The grievance, which has now being raised by the learned counsel for the Petitioner, is that his Passport, which is in the custody of the Customs Authorities, is not being returned to him. 3. On query, the learned counsel for the Department stated that the trial of the offence…
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