Law: Customs Act, 1969

Section: 156

Criminal Procedure Code (V of 1898)--S. 497(2)---Customs Act (IV of 1969), Ss. 156(1)(8) & 159---Ball, grant of--­Requirements of law as embodied in S.159 of the Customs Act, 1969 relating to search proceedings being mandatory, could not be treated as legal formalities as stated in the F.I.R. and the charge-sheet which was required to be specifically mentioned therein---Contents of the charge-sheet were merely reproduction of the contents of the case as embodied in the F.I.R.---Case against accused in circumstances fell within the ambit of S.497(2), Cr.P.C. needing further inquiry and he was admitted to bail accordingly. ORDER This application for bail was filed on behalf of the applicant after the learned Special Judge (Customs and Taxation), Karachi declined to grant bail to the applicant on 12-6-1995 in a case arising out of an F. I. R. No. 150 of 1995, dated 20-1-1995 registered under section 156(1)(8) of the Customs Act, 1969. 2. It may be unnecessary to reproduce all the facts of the case as narrated in the F.I.R. except the relevant part assailed by the learned counsel and which follows as under:-- "Subsequently personal search of the passenger was also conducted after observing legal formalities as have been laid under section 159 of the Custom Act in the presence of above witnesses under the supervision of I.P.S. Mr. Aftab A. Kazi. The personal search, so conducted, led to the recovery of 07 Nos. small packets made up of paper, adhesive tapes from the pair of "Balance" brand Jogger shoes worn by the passenger at that time. It may be advantageous to reproduce herein under section 159 of the Customs Act, 1969 which is stated to have been violated by the concerned officers of the Customs. 159(1).---When any officer of Customs is about to search any person under the provisions of section 158, the officer of Customs shall inform such person about his right to be taken to a gazetted officer of customs or Magistrate, and if such person so desires take him without unnecessary delay to the nearest gazetted officer of customs or Magistrate before searching him, and may detain him until he can be so taken. (2) The gazetted officer of Customs or the Magistrate…

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