Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Customs Act, 1969

Section: 97

(a) Criminal Procedure Code (V of 1898)--- ----S.497---Customs Act (IV of 1969), S. 97---Goods not to be taken out of warehouse except as provided by Customs Act, 1969---Bail, refusal of---Rule of consistency---Scope---Prosecution case was that the accused being owner of the warehouse, illegally removed the goods lying in the warehouse for gaining illegal/wrongful benefit---Goods that were illegally removed from the warehouse were cloth whereas the licence to the accused was provided for iron and steel products, tiles, medical items, chemicals and not for cloth---Use of warehouse for other than licensed products was also a misconduct on the part of accused---Accused was owner of the warehouse and it could not be said that he was not aware of the activities at the warehouse---Accused was not entitled for the concession of bail on the ground of rule of consistency as his case was different from that of the manager of the warehouse---Bail application was dismissed, in circumstances. 1983 SCMR 436; 1996 SCMR 1845; PLD 2009 SC 58; PLD 2018 SC 595; 1989 PCr.LJ 828; PLD 2011 Kar. 199; 2014 PCr.LJ 186; 2015 MLD 321; 1979 SCMR 9; 1980 SCMR 142; 1996 PCr.LJ 978; 2013 PCr.LJ 649; 2014 MLD 394; 2018 PCr.LJ N. 76; 2020 PCr.LJ N. 101; 2020 SCMR 285; Crl. Bail Application No. 429 of 2021; 2018 SCMR 772; 2021 SCMR 873 and 2014 PTD 1807 ref. (b) Criminal Procedure Code (V of 1898)--- ----S.497---Bail---Tentative assessment---Scope---Court while deciding bail application has to assess the record tentatively and deeper appreciation of evidence is not required. Saleh Muhammad v. The State PLD 1986 SC 211 and The State v. The Zubair and 4 others PLD 1986 SC 163 ref. Ahmed Ali Hussain and Shumail Sikandar for Applicant. Ashiq Ali Anwar Rana, Special Prosecutor Customs. Muhammad Ahmed, Assistant Attorney General. ORDER AFTAB AHMED GORAR, JUSTICE:---.--- -Having failed to get the concession of bail from the learned lower fora i.e. learned Special Judge of Customs, Taxation and Anti-Smuggling Court vide its order dated 20.08.2021 passed in Case No. 109 of 2021 arising out of FIR No.09/2021 dated 20.02.2021 model Customs Court (Appraisement and Facilitation) West, Customs House, Karachi…

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