Case Details

Citation(s)
1981 SLG 3141 = 1981 SLD 3141 = 1981 PCRLJ 379
Court of Special Judge, Karachi
Criminal Bail Application No. 7 of 1980, decided on 27thSeptember, 1980.
Presented By: Zafar Hussain Mirza, J
Muhammad Hayat Junejo for Applicant. Abul Khair Ansari for the State.

JAWAID AKHTAR BUTT--Applicant

VERSUS

THE STATE--Respondent

Law: Criminal Procedure Code (V of 1898)

Section: 497

Criminal Procedure Code (V of 1898) S. 497-Bail, grant of-Delay, plea of-Bail cannot be claimed as a matter of right by a person accused of a non-bailable offence-- Delay in commencement of trial-Per se not a good ground for enlargement on bail unless delay unconscionable and amounting to an abuse of process of Court.-[Delay]. Amir v. State P L D 1972 S C 277; Ijaz Akhter v. State. 19711 S C M R 64 ; Muhammad Jan v. State 1979 S C M R 616 ; Karamat Ali v. State 1979 S C M R 438 ; Abdul Ghaffar v. Tanveer Ismail 1979 S C M R 289 ; Barkat Bibi v. Gulzar 1979 S C M R 65 and Hakim Ali v. Sate 1979 S C M R 114 ref. Date of hearing: 27th September, 1980.                                                                                                                      ORDER On 10thSeptember, 1980, Mr. Mukhtaruddin, Intelligence Officer. Directorate of Intelligence & Investigation, Customs & Excise, Karachi registered a First Information Report against the present applicant undo, section 156 (1) clause (8) of the Customs Act, 1969. It was allege that the applicant was leaving for Rome by P. I. A. flight when the staff of the Directorate intercepted him at the International Departure Hall, Karachi Airport after he had completed the briefing formalities, for departure. On being questioned, the applicant declared on the C. D. form that he had no foreign currencies in his possession. Upon the search of his accompanied baggage the Custom Officers, however recovered 11000 U. S. Dollars from his brief case and from his persona search 240 sterling Pounds, 3633 Saudi Rials and 900 Pak. Rupees After preparing the necessary papers the applicant was off loaded and was put under arrest. He moved the trial Court for bail but his plea was rejected by order dated 18th September, 1980. He has now come before this Court with the prayer for grant of bail. No argument was advanced on…
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