Law: Customs Act, 1969

Section: 156(1),156(8),156(9)

Keywords: Prohibition, Change, Enforcement, Investigation, Information, Parties, Petitioner, Procedure, Prima Facie, Enforcement Of Hudood, F.I.R, Order, Recovery, Evidence, Registered, Possession, Surety, Prejudice, Satisfaction, Prosecution, Customs Result: Petitioner admitted to bail. ORDER Muhammad Munir Khan J.-1. This is an application for bail on behalf of Muhammad Arif petitioner in a case under section 156(1)(8/9) of the Customs Act and section 3/4 of the Prohibition (Enforcement of Hudood) Order, 1979 registered at Police Station Mochi Gate, Lahore vide F.I.R. No. 64, dated 27th June, 1982. 2. The prosecution case is that the petitioner was found in possession of 12 smuggled bottles of Indian liquor and he was arrested. Thereafter, he led to a store on the upper storey of the Pan Market wherein his brother namely Asif alias Achhi was present, who on seeing the police ran away The police recovered from that store 293 more bottles of liquor which was taken into possession. 3. Learned counsel for the petitioner submits that no offence punishable under section 156(8/9) of the Customs Act has been made out and the offence under section 3/4 of the Prohibition (Enforcement of Hudood) Order, 1979 being not punishable with 10 years or more does not fall within the prohibitory clause. The learned State counsel has, however, opposed this application on the ground that the petitioner was apprehended white taking away 12 bottles of liquor and…

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