Law: Customs Act, 1969

Section: 156

Criminal Procedure Code (V of 1898)--S. 497---Customs Act (IV of 1969), S.156(1)(8)/157/178---Bail, grant of--­Import of gold into Pakistan was permitted subject to payment of duty and declaration---Accused had produced affidavits of the person from whom they had obtained the gold and some of them had also appeared before the Investigating Officer---Accused were behind the bars since more than a year and no recovery had to be made from them---Accused were admitted to bail in circumstances. ORDER Muhammad Ashraf son of Wasan Din and Muhammad Niamat son of Asghar Ali were arrested by Major Muqarrab Hussain of Pakistan Rangers on 1-12-1991 under sections 156(1)(8)/157 and 178 of the Customs Act, 1969 on the allegations that from their possession 1,000 Tolas of gold were recovered from each of them. They had allegedly tied the same around their waists. It is further alleged that 1,250 tolas of gold were recovered from Car No.LOG 9265 by which they were travelling. Their co-accused namely, Rafaqat Ali and Allah Ditta were alleged to have fled away after throwing 1,250 Tolas of gold. Rafaqat Ali and Allah Ditta were allowed bail by this Court on 21-11-1992 mainly on the ground that they had been arrested at the spot and were allegedly identified in the search light by the Rangers and that their names Were not mentioned in the F.I.R. 2. Bail for Muhammad Ashraf and Muhammad Niamat is urged on the grounds that the case is based on false allegations and that the gold was not recovered near Indo-Pakistan Border but was recovered from G.T. Road near Kamoki. It is stated that Writ 'Petition No.12166 of 1991 was also filed by Muhammad Ashraf petitioner against Major Muqarrab Hussain and others for the registration of case against them under sections 392, 365, 409/217, P.P.C. on the allegation of snatching gold…

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