Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Customs Act, 1969

Section: 2(s),16,156(1)(77),156(1)(77),156(1)(85) ,156(1)(89),156(1)(92),157,187

Criminal Procedure Code (V of 1898)--- ----S. 497---Customs Act (IV of 1969), Ss. 2(s), 16, 156(1)(77), 156(1)(85), 156(1)(89), 156(1)(92), 157 187---Smuggling, assault on customs official, carrying smuggled goods and intimidating customs officials---Bail, refusal of---Desperate conduct---Scope---Allegation against accused was that when the trailer loaded with container of smuggled goods was signaled to stop, he along with co-accused while armed with their respective weapons came at the spot, attacked the customs staff, started firing to snatch the container and during scuffle an Intelligence Customs Officer was injured---Held; though the offences punishable under the Customs Act, 1969 with which the accused was charged did not fall within the prohibitory clause of S. 497, Cr.P.C. and in such like cases, grant of bail was a rule, yet there were exceptional circumstances available in the case---Violent, aggressive and desperate purported conduct of the accused disentitled him to the grant of post-arrest bail---No mala fide on the part of the complainant, the recovery witnesses and the injured Customs Intelligence Officer could be surfaced during the arguments---Petition for grant of bail was dismissed, in circumstances. ORDER SYED SHAHBAZ ALI RIZVI, JUSTICE:---.---Dad Khan, petitioner seeks post arrest bail in case FIR No.160 dated 07.06.2021, registered for offence under sections 2(s) and 16 punishable under sections 156(1), (77) (85), (89), (92) and 157 and 187 of Customs Act, 1969 read with SRO 5(I)/2021 dated 04.01.2021, at Police Station P Branch, Customs Collectorate (EC) Customs, Lahore. 2. Allegation against the petitioner, in brief, is that when the trailer loaded with container of smuggled goods was signaled to stop, he along with co-accused while armed with their respective weapons came at the spot, attacked the customs staff, started firing to snatch the container of smuggled goods and during the scuffle injured Gulzar Hussain Bhatti, Intelligence Customs Officer. 3. Heard. Record perused. 4. Though the offences punishable under the Customs Act, 1969 applied against the present petitioner do not fall within the prohibitory clause of section 497,…

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