Law: Customs Act, 1969

Section: 156

Criminal Procedure Code (V of 1898)--S.497---Customs Act (IV of 1969), S.156(1)(14)(82)---Bail, grant of--­Accused. did not seem to have derived any advantage out of the amount of duty drawback and sales tax paid to the exporter---Maximum punishment for the offence with which the accused was charged was three years---Charge against the accused was similar as the one against co-accused who had already been granted bail by the Special Appellate Court and following the rule of consistency accused were also allowed bail. ORDER In these bail applications applicant Abdul Majeed Askani who is Proprietor of Askani Clearing and Fowarding Agent at Gwadur is accused in F.I.R. No.32 of 1992 lodged by one Muhammad Saleem, Principal Appraiser Directorate of Inspection and Training (Customs Central Excise and Sales Tai), Karachi; on 24-2-1992 under section 32 of Customs Act, 1969 punishable under section 156(1) (14)(82). On the basis of initial F.I.R. No.10 (19) Dv-Inv­Misc/91, separate final charge sheets were filed in the Court of Special Judge (Customs and Taxation), Karachi. Since all the bail applications arise out of the same F.I.R. initially registered on 24-2-1992 and the facts and grounds are also similar, the same are being disposed of 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 drawback coupled with import licence fee refund totalling to Rs.2,69,19,321. Shipping documents were prepared, filed and processed by Abdul Majeed Askari, a Clearing Agent on behalf of Exporters M/s. Charly Enterprises. On preliminary investigation it was revealed that said fabrics were never exported, the shipping bills were false and the Customs Officers, namely, Inspector Khalid Aziz, Deputy Superintendent Ali Ahmed Balouch (applicant No.1), Superintendent Shahid Hussain (applicant No.2) and Assistant Collector Mumtaz Ali Changazi were actively involved in commission of this…

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