Law: Customs Act, 1969

Section: 156

Criminal Procedure Code (V of 1898)--S.497---Customs Act (IV of 1969), Ss. 156(l)(14) & 156(1)(82)---Bail, grant of---Case of accused was identical to the case of co-accused who had already been granted bail by the Special Appellate Court---Accused were also admitted to bail following the rule of consistency in circumstances. ORDER In these bail applications, applicant Ali Ahmad Baloch, who is Deputy Superintendent, Customs and applicant Shahid Hussain who is Superintendent, Customs are accused in F.I.R. No.32 of 1992 and others lodged by one Muhammad Saleem, Principal Appraiser, Directorate of Inspection and Training (Customs Central Excise and Sales Tax), Karachi, on 24-2-1992 under section 32 of Customs Act, 1969 punishable under section 156 (1)(14) and under section 156(1)(82). The F.I.Rs. are outcome of the F.I.R. No.10(19) Dv­Inv-Misc/91/A and subsequently on the basis of this one F.I.R., separate charge sheets. are submitted. Bail applications filed by the applicants are rejected by the learned Special Judge (Customs and Taxation), Karachi. Since the facts of all the F.I.Rs are common, I would like to dispose of these five bail applications by a single order.. The facts as gathered from the F.I.R. are, that a credible information was received by Muhammad Saleem, the complainant, that 19 consignments .comprising 499 bales of Polyester Jacquard Fabrics and one wooden case containing glass marbles were fraudulently exported to Dubai from Gwadur Port for the purpose and intent to obtain customs duty draw back coupled with import licence fee refund totalling to Rs.2,69,19,321. Shipping documents were prepared, filed and processed by Abdul Majeed Askani, a Clearing Agent, on behalf of Exporters M/s. Charly Enterprises. On preliminary investigation it was revealed that said fabrics are never exported, the shipping bills were false and the Customs Officers, gamely, Inspector Khalid Aziz, Deputy Superintendent Ali Ahmed Baloch (Applicant No.1), Superintendent Shahid Hussain (Applicant No.2) and Assistant Collector Mumtaz Ali Changazi were actively involved in commission of this offence. On completion of shipping bills, the Exporter Haroon Rashid and his…

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