Law: Customs Act, 1969

Section: 156

Criminal Procedure Code (V of 1898)--S. 498---Customs Act (IV of 1969), S.156(1)(8)(80)(89)---Bail before arrest---Accused prima facie seemed to have been importing gold in the country by. legal means and despite there being no evidence against him he had been roped in---Accused was admitted to pre-arrest bail in circumstances. ORDER This application for bail before arrest is moved on behalf of the applicant Asif All son of Haji Ahmed Ali who apprehends his arrest in case F.I.R. No.DEC 5/92 registered at Drug Enforcement Cell/HQ, N.M.B., Wharf, Karachi for offences under section 156(1)(8)(80)(89) of the Customs Act, 1969. Briefly the prosecution case is that on 3-3-1992 spy information was received that a Suzuki bearing number plate CD 5135 was engaged in large scale distribution of gold and silver to the local market. Pursuant to this information a strong force of Customs staff took position on Shahrah-e-Faisal near hotel De-France. The said Suzuki was spotted, it was ultimately stopped and in it there were two occupants namely Muhammad Zahid and Muhammad Zubair Mundia, it also contained 7 suit-cases. The said Suzuki alongwith the two occupants and the 7 suit-cases were removed to the Customs Headquarters where in the presence of witnesses Sabir Khan and Gul Ferosh the Customs Authorities recovered 245 slabs of gold and 12 silver ingots weighing 443.92 Kg. Apart from it the travelling documents and passport etc. were also secured. Investigation was conducted and thereafter challan was submitted before the trial Court. I have heard Mr. Gul Zaman Khan, learned counsel for the applicant and Mrs. Ismat Mehdi, Advocate for D.A.-G. for the State with whom the Investigating Officer Javed Akhtar Mughal is also present. At the very outset I had called upon the Investigating Officer and so also Mrs. Ismat Mehdi to disclose what is the evidence available against the applicant. Very fairly Mrs. Ismat Mehdi submitted that as per the record it seems that the allegations against the applicant are based on suspicion only. It was for this reason that the same question was repeated to the I.O. who stated that the name of the present applicant was disclosed by co-accused and…

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