Law:

Section:

Keywords: Information, Conviction, Grounds, Discretion, Examination, Restraints, Apprehension, Investigation, Office, Government, Consideration, Care, Evidence, Provisions, Satisfaction, Cancellation, Collector Of Customs, Procedure, Petitioner, Recovery, Dispute, Merits Of The Case, Delay, Prosecution, Surety, Possession, Trial Court, Mere Apprehension, Circulation, Order, Guilty, Certificate, Detention, Customs, Failure, Copy, Relief, Custody Result: Bail allowed ORDER A charge of attempt to smuggle punishable under section 156(1), clause (8) of the Customs Act has been brought against the applicant. Briefly the facts are that the Customs Intelligence received information that a large quantity of charas will be smuggled out of the country by the applicant to Montreal, Canada under the cover of unaccompanied baggage of one N. Baoileav, a Canadian national. A strict surveillance was therefore kept by the authorities. On 16-5'-1978, two leading Suzuki Vans were seen unloading 6 wooden boxes in presence of the applicant near Mama Parsi School. These boxes were subsequently seen being reloaded into another Suzuki Van which took them to West Wharf and the packages were handed over to the hopping agents at the con tainer Yard Berth No. 24. On the next day information was received that the applicant was waiting at the City Railway Station to receive the shipping order relating to the consignment. In pursuance of this the Senior Preventive Officer Mr. S. M. Sibtain, along with other staff proceeded to the railway station and apprehended the applicant as soon as one Masroor handed over papers to him. The Customs authorities searched the person of the applicant in presence of the witnesses and secured from his shirt pocket a shipping order dated 17-9-1978 issued by M/s Forbes Campbell and Karachi, for shipment of 6 cases of personal effects in the name of N. Boileav. The applicant then led the Customs Staff to West Wharf and pointed out the 6 wooden boxes destined for Montreal, Canada, which were opened and charas was found packed in all the 6 cases weighing 593 Kgs. The duplicate copy of the shipping bill dated 14-9-1978 was also recovered which had been handed over to…

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