Law: Customs Act, 1969

Section: 156

Criminal Procedure Code (V of 1898)--S. 497--Customs Act (IV of 1969), Ss. 156(1)(8)89 & 92--Bail, grant of--Smuggling-- First information report revealing that Rangers Party had received information that accused would be smuggling certain goods across the border and during raid they were apprehended-­Nothing stated in first information report that members of raiding party knew accused beforehand and had identified accused and co-accused--Possibility existing that instead of accused and co-accused somebody else had attempted to smuggle Charas--Bail granted. ORDER This is a petition under section 497/498, Cr.P.C. by Hashmat Ali alias Kala, petitioner, for bail in respect of a case instituted against him and two others under sections 156 (1) (8) 89, 159 (1) (8) 92 and 178 of the Customs Act at Police Station Hadiara, District Lahore, on 23-1-1987. 2. The prosecution case in brief is that the Rangers had received information that Hashmat Ali alias Kala, petitioner, and Muhammad Rashid, co-accused, would be smuggling certain goods across the border. They arranged a raid on the night of 22-1-1987. At about 10-00 p.m. the Rangers Party saw two persons heading towards India, carrying sacks on their heads. When they challenged them they opened fire. The raiding party also fired in self-defence. Muhammad Rashid, co-accused, was arrested on the spot, whereas Hashmat Ali alias Kala, petitioner, managed to escape. On search, 32 kilograms of Charas was recovered from…

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