Law: Customs Act, 1969

Section: 156(1)

Law: Criminal Procedure Code (V of 1898)

Section: 497(2)

CUSTOMS ACT, 1969 (IV OF 1969)---Clause (40A) of Section: 156(1) - Criminal Procedure Code, 1898, Section: 497(2) - Punishment for offences - Goods released to auctioner purchaser by the Customs on forged and fabricated documents - Fiscal fraud detected - Accused arrested after having been implicated in the interim challan on the ground that his signature approved on the delivery order of the goods as auctioner - Grant of post arrest bail - Prayer for - FACTS This is an application for post-arrest bail in the aforesaid crime after the same had been declined by the Special Judge (Customs, Taxation and Anti-Smuggling), Karachi, by order dated 14-07-2023. The FIR lodged on 03-05-2023 by the Directorate of Transit Trade, Karachi. Goods had been released to one Ali Akbar Shah as auction purchaser; but the underlying documents revealed that the goods had been delivered on forged and fabricated documents. The accused was not nominated in the FIR. He was arrested after having been implicated in the interim challan dated 23-05-2023 on the ground that his signature appeared on the delivery order of the goods as the Auctioneer, ‘Ashar and Brothers’. ARGUMENTS The Accused stated that his signature on the delivery order had been forged by someone; and that he was not even performing the function of an Auctioneer at the relevant time. DECISION Clause (40A) of section 156(1) of Customs Act, 1969 read with Section 497(2) Cr.Pc - Grant of post arrest bail - Of the alleged offences, only the offence punishable under clause (40A) of section 156(1) of the Customs Act, 1969 is punishable by imprisonment which may extend to ten years. For that, the case against the Accused is clearly one of further enquiry falling within the ambit of sub-section (2) of section 497 CrPC. In the meanwhile, it is not being contended that custody of the Accused is required for further investigation, or that he is likely to tamper with the evidence if released, or that he is a flight risk. Therefore, to keep him behind bars during trial serves no purpose. For the foregoing reasons, the Accused Victor Shahbaz is granted post-arrest bail in FIR No. 02/2023 subject to furnishing surety set- out in the order…

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