Law: Customs Act, 1969

Section: 2(s),16,139,156(1)(8),156(1)(70),157,178

Law: Criminal Procedure Code (V of 1898)

Section: 497

Customs Act (IV of 1969)---Ss.2(s), 16, 139, 156(1)(8), 156(1)(70), 157 , 178---Criminal Procedure Code (V of 1898), S.497---Smuggling---Declaration by passenger or crew of baggage---Punishment of persons accompanying a person possessing goods liable to confiscation---Bail, grant of--- Scope---Prosecution case was that the accused persons were taken into custody by the Immigration and Customs staff at International Airport on their arrival and that they in their baggage were carrying smuggled items---No bag tag as well as information qua the subject bags’ booking in the name of accused persons was available on record---Investigation Agency could not take into possession CCTV footage or video from the system installed at the airport to prove recovery of baggage from accused persons’ possession---Value of the items recovered was assessed at Rs.32,000,000/- approximately but the Investigating Officer had remained unable to point out the availability or reference of method/formula or any document according to which the value was determined prior to registration of the case---Even name of the person who had assessed the goods ‘ value for the complainant was not given in the file while said aspect of the case was very much relevant with regard to quantum of sentence of imprisonment provided by different provisions of Customs Act, 1969---Case of accused persons was one of further inquiry into their guilt entitling them to the grant of post-arrest bail---Bail was allowed, in circumstances. ORDER: SYED SHAHBAZ ALI RIZVI, JUSTICE:---.--- Through this petition, Imran Hussain and Shakeel Nazir petitioners seek post arrest bail in case FIR No.59 dated 30.04.2021 registered for offences under Sections 2(s), 16, 139, 156(1)(8)(i)(c)(iii)(a)(70), 157 and 178 of Customs Act, 1969, read with SRO 666(I)/2006 and SRO 499(I)/2009 registered at Police Station Investigation and Prosecution Cell, Model Customs Collectorate (E, C) Customs House, Sialkot. 2. Arguments on behalf of Mr. Amjad Farouck Bismill Rajpoot, Advocate, learned counsel for the petitioner and the learned Prosecutor were heard on the previous date of hearing. Record perused. 3. According to the prosecution’s case, on…

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