Law: Customs Act, 1969

Section: 156(1),156(8),178

Law: Criminal Procedure Code (V of 1898)

Section: 497

(a) Criminal Procedure Code (V of 1898)--S.497---Customs Act (IV of 1969), S.156(1)(8)/178---Bail, grant of--­Prosecution case against accused mainly rested upon the confessional statement made by co-accused before a Qazi in Saudi Arabia---Prosecution agency had no intention to examine the Qazi as a prosecution witness--Confession of co-accused recorded in Saudi Arabia was-neither admissible in Pakistan nor the same could be used as a piece of evidence against accused during the course of trial---No evidence was available on record connecting the. accused with the crime---Accused was allowed bail in circumstances.-­ [Confession]. (b) Customs Act (IV of 1969)--- ----S.156(1)(8)/178---Cases are decided upon tangible evidence, positive or circumstantial---No person can be prosecuted on mere conjectures and on the basis of mere words of co-accused.---[Criminal trial. ORDER This is an application for bail made on behalf of applicant Shaz Din who is detained in Crime. No.I&P/Misc-42/92, dated 2-8-1992, under section 156(1)(8), read with section 178 of the Customs Act, 1969. The bail application made on his behalf was rejected earlier by learned Special Judge (Customs and Taxation), Karachi, vide order-dated 17-9-1992. 2. On 25-5-1992 co-accused Rahim Gul who had travelled under the assumed name of Muhammad Dur Khan was arrested at King Khalid International Airport, Riyadh (Saudi Arabia) and from his possession 650 grams of powder of heroin secreted inside his body was recovered. It is alleged that during the course of investigation co-accused Rahim Gul disclosed the name of present applicant as the supplier of powder of heroin and it is the case of the prosecution that co-accused Rahim Gul made confession before Qazi implicating the applicant as real beneficiary. Information was, therefore, conveyed by Consular Narcotic Affairs in Pakistan, Royal Consulate of Saudi Arabia, Karachi, to Pakistan Customs and on the basis of this information Javaid Akhtar/Moghul, Senior Preventive Officer lodged F.I.R. in this case. After usual investigation the applicant was sent up before the Special Judge (Customs and Taxation), Karachi, under an incomplete charge-sheet. 3. I have…

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