Law:

Section:

Criminal Procedure Code (V of 1898) -- S. 497/498 Bail Allegedly objectionable goods, seized by customs squad, returned to owner and so also concerned truck Held, nothing extraordinary in case requiring postponement of bail matter of petitioner till after recording of evidence by trial Court Offences alleged not being punishable with death or imprisonment for life, petitioner ordered to be released on bail Customs Act (IV of 1969), Ss. 156(8) (89) & 157. ORDER KARAM ELAHEE CHAUHAN, J. The petitioner is involved in a case under section 156(8) (89) and section 157 of the Customs Act IV of 1969 and section 3(l) of Imports and Exports (Control) Act (XXXIX of 1950), as per F. I. R. No. 11, dated 23 1 1978, registered at Police Station, Akora Khattak, Nowshera (N: W. F. P), for allegedly carrying 300 maunds of Iron Scrap and 230 dozens of Steel Files in a truck bearing No. P. R. C. 3597. He was apprehended by Nowshera Mobile Custom Squad, near Akora Khattak and considering that Iron Scrap were "spare parts" arrested the petitioner who according to him was employed as a cleaner of the truck, the driver of the truck allegedly having run away at that time. The petitioner applied for bail before the learned Special Judge (C) (Customs and Taxation), N: W. F. P., Peshawar. But his application was dismissed on 15 6 1978. He then approached the Peshawar High Court but without any success as his Petition bearing No. Criminal Miscellaneous No. 398/78 was rejected by a learned Single Judge of that Court on 13 6 1978 He has come up in a petition for special leave to appeal against the same. 2. The case came up before us on 8 7 1978, when we issued a notice to the Advocate General, N. W. F. P. Today the case has come up after notice. The learned counsel for the petitioner has argued that his client is in judicial lock up sine 23 1 1978. The allegedly objectionable goods were released to their owner and similarly the truck has also been given on sapurdari to its owner. In these circumstances he submits that there was no justification to refuse the privilege of bail to the petitioner who had approached the High Court earlier also in the form of Criminal Miscellaneous No. 148/78…

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