Law:

Section:

Keywords: Foreign Exchange, Registered, Petitioner, Change, Exchange, Order, Satisfaction, Land, Outside Pakistan, Custody, Surety, Investigation, Customs, Procedure, Prosecution Result: Petition allowed ORDER The applicant is accused in a case under section 156 (8) of the Customs Act in the Court of Special Judge (Customs & Taxation), Karachi. The prosecution case is that on 27-11-1976 the applicant, who is an Engineer, was leading a delegation to New York by P. I. A. Flight No. PK-711. He filed the prescribed declaration form in which he mentioned carrying traveller cheques of the value of 500 US dollars issued by the State Bank of Pakistan. However, on searching his brief case it was found that he was, in addition, carrying two bank drafts of U. S. Dollars 2002 and 4000, which he had failed to declare. Accordingly, a case was registered against him under section 156 (8) of the Customs Act and he was taken into custody on 27-11 1976. The applicant applied for bail before the learned Special judge (Customs & Taxation), Karachi but his application was rejected by the learned Judge on 1-12-1976 The first contention raised by Mr. Mohammad Hayat Junejo learned counsel for the applicant, was that the applicant was admittedly not carrying any gold, silver, precious stones or currency but was merely carrying bank drafts issued and drawn by banks outside Pakistan. Consequently, the alleged offence did not amount to smuggling of the currency to fall under section 156 (8) of the Customs Act in view of definition of smuggling contained in clause (s) of section 2 of the Customs Act but fell under section 23 (3) of the Foreign Exchange Regulations Act under which it is punishable with 3 years' R. I. The next contention of Mr. Mohammad Hayat Junejo was that by putting a label of section 156 (8)…

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