Law: Criminal Procedure Code (V of 1898)

Section: 497,497(2)

Law: Imports and Exports (Control) Act, 1950

Section: 2(s),3(1),3(3),16,32,79,80

Law: Customs Act, 1969

Section: 8,9,14,44,45,156(1),171,177

Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Customs Act ( IV of 1969 ), Ss. 156(1), 8, 9, 14, 44, 45 & 171---Imports and Exports (Control ) Act (XXXIX of 1950), Ss. 2(s), 3(1), 3(3)16, 32, 79 & 80---Possession of 302 cartons of Chinese liquor, containing 3366 bottles of 500 milliliter liquor each---Bail, grant of--- Further inquiry---Notice under S.177 of Customs Act, 1969---Scope---Accused, a foreign citizen and Managing Director of Trading Company in whose imported consignment, seized liquor were concealed in the secret cavities ---Petitioner/accused contended that as nomandatory notice under S.177 Customs Act, was issued to him before lodging of the FIR so all the proceedings were coram non judice---Complainant, Customs authorities contended that the petitioner had conscious knowledge that contraband items were being imported and he, being Managing Director, was vicariously liable for act of any of his authorized agent, acting on his behalf---Trial of the case was yet to take place, therefore, any deeper appreciation of material so far collected during investigation could prejudice the case of either party at trial---Nonotice under S.171 of Customs Act, 1969 had, admittedly, been served upon the petitioner before lodging of FIR---Implications of non-service of notice under S.171 of Customs Act, 1969 would be taken up by the Trial Court during trial---No positive opinion, at bail stage ,could be formed regarding conscious involvement of the petitioner in the commission of the offence till recording of some evidence by the Trial Court---Case of the petitioner called for further inquiry as envisaged under S.497(2), Cr.P.C---Petitioner was admitted to bail, in circumstances. THIS JUDGMENT DELIVERED BY: MALIK HAQ NAWAZ, J.--- The petitioner Wang Xing has been booked for the above offences vide FIR No.05/2018 dated 10.10.2018 registered at Custom S.R.D.P. Sost. 2. The precise facts of the case in hand are that Messrs Shentong International Trading Company imported a consignment wherein during inspection by the Custom authorities, they found 302 carton of China Liquor, containing 3366 bottles of 500 ml liquor each, which were concealed in secret…

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