Law: Criminal Procedure Code (V of 1898)

Section: 497

Criminal Procedure Code (V of 1898) S. 497-Petitioner, an air passenger in transit to another country accused of offence of smuggling contraband goods-Bail pressed on grounds : (i) charge of smu ggling not substantiated in view of defini tion of smuggling under S. 2 (s), Customs Act, 1969; (ii) petitioner a jeweller by profession taking jewellery studded with precious .stones to customers in a foreign country to compliance of their orders ; (iii) petitioner having no visa to land in Pakistan and only landing to catch direct flight to a foreign country-Legal points being involved, and requiring further inquiry to determine responsibility of petitioner for committing alleged offence of smuggling, bail allowed-Customs Act (1 V of 1969), S. 2 (s).                                                                                                                ORDER The admitted position is that the applicant is an Indian National. He was travelling by Lutfthansa Air Lines from Hong Kong to Kuwait on 29th May, 1979 and was a passenger in transit. Since there was no direct flight of Lufthansa Air Lines from Hong Kong to Kuwait, he had got down at Karachi to catch another fight by Kuwait Air Lines and he had such a confirmed seat, which document has been produced by the learned counsel for the State, as .such a slip is affixed to the ticket itself. He was arrested on the same day (29th May, 1979) at the Karachi Air Port, on the charge of smuggling the contraband goods (gold ornaments studded with precious stones). The alleged offended goods had been seized and arc stated to be approximately valued at Rs. 3.00,000 (Rupees thirty lacy only). The learned counsel Mr. Abbasi has contended that the charge of smuggling cannot…