| Citation(s) |
|---|
| 1980 SLG 131 1980 SLD 131 1980 PCRLJ 663 |
Sindh High Court
Special Criminal Bail Application No. 27 of 1979, decision dated: 3rd October, 1979
ZAFAR HUSSAIN MIRZA, JUSTICE
Muhammad Hayat Junejo for Applicant.
Special Criminal Bail Application No. 27 of 1979, decision dated: 3rd October, 1979
ZAFAR HUSSAIN MIRZA, JUSTICE
Muhammad Hayat Junejo for Applicant.
FEROZUR RAHMAN BATLA
VS
THE STATE
Law: Customs Act, 1969
Section: 139
(a) Customs Act (IV of 1969)---Ss. 139, 142 & 156 (1), (8)-Goods of a passenger on a scheduled flight taken possession of by Custom authorities immediately on their being unloaded and passenger put under interrogation Passenger being entitled to make true declaration under S. 139 to appropriate officer and for detention of dutiable articles at his (passenger's) request until he left country, and mere fact of certain dutiable goods or contraband having been brought at airport, held, does not constitute an offence under S. 156 (1) if declaration under S. is 139 made by such passenger. (b) Criminal Procedure Code (V of 1898)--- ---- S. 497 read with Customs Act (IV of 1969), Ss. 139, 142 & 156 (1), (8)-Petitioner seeking bail on grounds: (i) petitioner a genuine passenger arriving at Pakistan Airport with bona fide intention to make a proper declaration under S. 139, Customs Act before appropriate officer and surrender goods under, S. 142, Customs Act to be detained until he left Pakistan; (ii) petitioner having purchased goods iii question from a foreign country for import into other foreign country for his employer but his employer having not reached airport of destined country so as to produce import documents petitioner obliged to return to his own country to stay with his family but before approaching Customs counter for necessary procedure, his baggage taken over and he himself put under arrest-Probe into or assessment of evidence on point whether applicant allowed or not allowed to proceed to appropriate officer for making necessary declaration being not proper at bail satage and circumstances of case seeming to require further inquiry to determine guilt of passenger, bail allowed.-.[Evidence]. ORDER The applicant is facing trial in the Court of Special Judge, Customs, Karachi under section 156 (t), clause (8) of the Customs Act, 1969. The facts alleged by the prosecution are that as a result of credible information- that a passenger named Ferozur Rahman (the applicant) would be arriving from Hong Kong via Dubai by PIA Flight P K 228 bringing contraband goods Mr. K. D. Memon, Senior Preventive Officer organized a vigil at the Karachi Airport.…
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