Law: Customs Act, 1969

Section: 156

(a) Criminal Procedure Code (V of 1898)--S. 497(1), fourth proviso & (5)---Customs Act (IV of 1969), S. 156(1)(8)---Bail, cancellation of--Dangerous and hardened criminal---Accused and his brother were members of gang which transported narcotics in huge quantity for onward smuggling out of Pakistan---Foreign origin charas weighing about 10040 kgs. and 450 grams of heroin powder were recovered from the room in possession of accused in his presence--Notice under S.171, Customs Act, 1969 was served upon the accused to which he could not reply in any manner---Such act of movement of narcotics could only be done by a person of desperate mind which was sufficient to conclude that the accused was a dangerous and hardened criminal---Smuggling of narcotics was not only an offence against the society but attacked and paralysed the precious lives of a large number of innocent persons and the same could be an act of terrorism--­Bail granted to the accused by the Trial Court was recalled in circumstances. 1997 SCMR 361; PLD 1990 SC 934; 1996 PCr.LJ 863; 1993 SCMR 525; 1995 PCr.LJ 1683; PLD 1995 SC 95; 1997 PCr.LJ 189 and PLD 1992 Kar. 172 ref. (b) Criminal Procedure Code (V of 1898)--- ----S. 497(1), third proviso---Customs Act (IV of 1969), S. 1560)(8)---Bail, grant of---Statutory delay---Delay in conclusion of trial---Where presence of prosecution witnesses on each and every date of hearing had been established from record, it could not be said that the delay in `the conclusion of trial was because of absence of prosecution witnesses---Concession of bail on statutory delay in conclusion of trial was not available to the accused in circumstances. JUDGMENT By this application the applicant seeks cancellation of bail granted to him in Special Case No.26 of 1997 (The State v. Wall Muhammad), registered under section 156(1)(8) of the Customs Act, 1969. The brief facts of the prosecution case are that staff of Directorate­General of Intelligence and Investigation (Customs and Excise), Karachi, received Credible information that a syndicate of smugglers operating from upcountry and smuggling Charas/heroin powder and are transporting the same in trucks to Karachi. The two…

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