Law: Customs Act, 1969

Section: 156

Criminal Procedure Code (V of 1988)--S. 514---Customs Act (IV of 1969), S. 156(1)(8)(89)/157/178/219--­Prohibition (Enforcement of Hadd) Order (4 of 1979), Art. 3/4---Constitution of Pakistan (1973), Art. 185(3)---Forfeiture of bail bond---Discretion exercised by Trial Court forfeiting the entire amount of Rs.1,00,000 of bail bond which had been duly affirmed by High Court, was not shown to be either perverse or fanciful---Petitioner (surety) being the real son of the accused appeared to have connived at the abscondence of his father---Case against accused being related to Narcotics wherein 30 kg. of Heroin had been recovered, forfeiture of entire amount of bail bond was justified-- -Leave to appeal was refused accordingly.. Dildar and another v. The State PLD 1963 SC 47; Bahadur Khan v. The State 1976 PCr.LJ 1283; Javid Iqbal v. The State 1985 PCr.LJ 1724; Ali Jan v. State 1992 PCr.LJ 389; Malik Sher Ahmad Khan v, The State 1996 SCMR 244; Zeeshan Kazmi v. The State PLD 1997 SC 267 and Saffar Khan v. The State 1997 SCMR 1983 ref. ORDER MUHAMMAD BASHIR JEHANGIRI, J.---This petition for leave to appeal is directed against the order dated 24-4-1998 passed by the learned Judge in Chambers of Peshawar High Court dismissing revision petition filed by Syed Naveed Ali Shah, petitioner, against the order passed by the learned Sessions Judge, Kohat, whereby the amount of his surety bond amounting to Rs.1,00,000 had been forfeited and a direction for deposit till 28-10-1997 was made,. 2. The facts in the background of the case are that the petitioner and one Mushtaq stood sureties for Syed Sajjad Ali Shah, father of the petitioner, who was the accused of offences under sections 156(1)(8)(89) 157 and 178 read with section 219 of Customs Act, 1969 (IV of 1969) and under Articles 3 and 4 Prohibition (Enforcement of Hadd) Order, 1979 and executed bail bond in the sum of Rs.1,00,000 each. It appears that Syed Sajjad Ali Shah accused jumped the bail and absconded. In consequence, the petitioner was served with a notice under section 514, Cr.P.C. by the learned Sessions Judge, Kohat. The petitioner is alleged to have made best efforts to produce the accused but he could not do…

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