Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497---Customs Act (IV of 1969), Ss.2(s), 16, 139 & 156---Foreign Exchange Regulation Act (VII of 1947), S.8(2)---Trafficking foreign currency from Pakistan abroad---Bail, grant of---Allegation against accused was that he was arrested at the Airport by the Customs authorities, when he was trafficking foreign currency from Pakistan to abroad without any valid documents---Accused stated that he and his brother, who was settled abroad, wanted to start business there---Accused further explained that he had no knowledge that taking foreign currency out of Pakistan, was an offence---Offence, with which accused was charged, though fell under prohibitory clause of S.497, Cr.P.C., but he being behind the bars since 23-1-2018 and had no previous history of involvement in such like offences---Bail was granted in circumstances. THIS JUDGMENT DELIVERED BY: MUSARRAT HILALI, JUSTICE:---.--- Accused-petitioner, Sajjad Ahmad, seeks his release on bail in case FIR No. 11/2018 dated 23.01.2018, registered under sections 2(s), 16 and 139 of the Customs Act, 1969, read with section 8(2) of the Foreign Exchange Regulation Act, 1947, read with Section 3 (1) of the Imports and Exports (Control) Act, 1950, punishable under clause (8) (89) of subsections (1) and (2) of Section 156 of Customs Act, 1969 and Section 3(3) of Import and Export (Control) Act, 1950 at Police Station Investigation and Prosecution Branch, Custom House, Peshawar. He has been refused bail by the learned Special Judge, Customs, Taxation and Anti-Smuggling, Peshawar vide order dated 13.02.2018. 2. The allegation against the accused-petitioner is that he was arrested at Bacha Khan International Airport, Peshawar by the Customs Authorities the moment he was trafficking foreign currency from Pakistan to Dubai without any valid documents. Arguments heard and record gone through. 3. Perusal of the record reveals that accused-petitioner, while travelling to Dubai via flight No.EK-637, was found in possession of foreign currency i.e. Saudi Riyals # 310,000/- and UAE Dirham # 220,000/- allegedly kept concealed in his cloth bag,…

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