Law: Customs Act, 1969

Section: 156

Criminal Procedure Code (v of 1898)--S.497---Customs Act (IV of 1969), Ss. 156(1)(8) & 2(s)---Bail, grant of---Notification No. SRO 1116(1)/89, dated 14th November, 1989, exempting certain quantity of gold from customs duty etc. was not applicable to the case of accused which was covered by the definition of "smuggling" as defined in S.2(s) of Customs Act, 1969, punishable under S.156(1)(8) of the said Act and fell within the prohibitory clause of S.497(1), Cr.P.C.---Question whether the accused was a carrier and not the actual beneficiary could be determined by the Trial Court---Bail was declined to accused in circumstances. 1983 SCMR 727 distinguished. ORDER Applicant Jawaid son of Chand is charged for offence under section 156(1)(8) of Customs Act, 1969, for having smuggled into Pakistan, gold weighing 1,500 Tolas on 16-8-1992. He arrived at Terminal No.1, Quaid-e­Azam International Airport, Karachi, on the said date from Dubai by Lufthansa Flight 1.,H-634, 150 slabs of gold each weighing 10 Tolas, wrapped with packing material round his thighs were seized by Ansar Atta Ansar, Preventive Officer. Bail application moved on behalf of the applicant in the Court of Special Judge (Customs and Taxation), Karachi is rejected by order, dated 6-10-1992. It is contended by Mr. Muhammad Akmal Wasim, learned Advocate for the applicant, that under Notification No. SRO 116(1)/89, dated 14th November, 1989, import of gold into Pakistan upto a maximum of 260 Tolas of gold is exempted from Customs Duty, Sales Tax and other charges and if such a quantity is imported in Pakistan, it shall not be deemed to be an act of smuggling. It is next contended that applicant was merely a carrier and not the beneficiary, as is evident from the contents of challan, and the prohibition contained in section 497 of Cr.P.C. would not be attracted in applicant's case and he would be entitled to grant of bail. It is lastly contended that the case of applicant would fall under clause (1)(9) of section 156 of Customs Act and not under clause (1)(8) of the Act. In support of his above contentions, reliance is placed on 1983 SCMR 727. Mr. Farrukh Zia Shaikh, learned Advocate for the State has…

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