Law: Criminal Procedure Code (V of 1898)

Section: 497,498

Law: Customs Act, 1969

Section: 14-A,32

(a) Criminal Procedure Code (V of 1898)--- ----S. 497---Customs Act (IV of 1969), Ss. 14-A & 32---Bail, grant of---Alternate punishments---Case of further inquiry---Accused was importer of goods and was arrested for making false statements with regard to value of goods imported---Accused was required to be served with a notice before registering case against him in order to make clear version of prosecution and allegations levelled against him---Object of bail was to secure appearance of accused person at his trial---Object of bail was neither punitive nor preventive therefore, deprivation of liberty was to be considered a punishment unless it could be required to ensure presence of accused during trial---Offence with which accused was charged was carrying different-cum-alternate punishments and lesser punishment which favored accused was to be considered at bail stage---Case against accused fell within ambit of S. 497(2), Cr.P.C. and required further inquiry---Bail was allowed in circumstances. Muhammad Ali v. The State 2012 YLR 1060; Zahid Maseeh and another v. The State 2012 MLD 814; Muhammad Tanveer v. The State and another PLD 2017 SC 733; Zahir Hussain v. The State PLD 2006 Kar. 397, Kamran and another v. The State 2018 MLD 479 and Imtiaz Ali and another v. The State PLD 1997 SC 1745 ref. (b) Bail--- ----Lesser punishment is to be taken into consideration at bail stage. Tariq Bashir and another v. The State PLD 1995 SC 34 rel. (c) Criminal Procedure Code (V of 1898)--- ----Ss. 497 & 498---Bail---Assessment of evidence--- Principle--- Only tentative assessment is to be made and no deeper appreciation is permissible. THIS ORDER PASSED BY: MUHAMMAD SALEEM JESSAR, J.--- Through instant Criminal Bail Application Applicant Muhammad Ishaque seeks his release on bail in FIR No.04/2018-R&D (East), registered at Police Station Model Customs Collectorate of Appraisement (East), Customs House, Karachi for offences under Sections 2(s), 32-A and 79 punishable under clauses 1, 8, 14-A and 46 of section 156(1) of Customs Act read with allied laws. The case has already been challaned by the customs authorities and the same is now pending for trial before the…

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