Law: Customs Act, 1969

Section: 185

(a) Criminal Procedure Code (V of 1898)--S. 497(5)--Customs Act (IV of 1969), S.185-F---Bail---Limitation--­Jurisdiction of Special Judge (Customs and Taxation) and Special Appellate Court in matter of cancellation of bail being concurrent, objection of accused ­respondent about expiry of period of limitation as provided tinder S.185-F of Customs Act, 1969, for filing application for cancellation of bail, field, was wholly misconceived. (b) Criminal Procedure Code (V of 1898)--- ----S. 497(5)---Customs Act (IV of 1969), S.156(1)(8)---Cancellation of bail--­Although no hard and fast rule exists in this behalf, yet it is desirable that lower Court which has granted bail should first be moved for cancellation of bail, unless there are compelling circumstances to bypass the, same---No reasons were assigned by applicant to directly approach Appellate, Court---Application for cancellation of bail was dismissed in circumstances with direction to applicant to approach the Court concerned if so advised. Nazir v. Amir Din and another 1971 S C M R 637; Mirza Khan v, Lal Khan and another 1976 P Cr. L J 324 and Barkaat Ahmad v. Said Akbar and 2 others 1981 P Cr. L J 1208 ref. ORDER On 27 9-1988, the respondent who had arrived from Dubai was apprehended at Karachi Airport and from his possession gold slabs weighing 100 Tolas were recovered. A case under clause (8) of subjection (1) of section 156 of the Customs Act, 1969, was accordingly registered against him. The respondent who was detained in the above crime applied for bail before learned Special Judge (Customs and Taxation), Karachi, but his prayer was refused vide order, dated 9-10-1988. After a few days the respondent repeated bail application before the trial Court and this time he was successful in securing his release on bail mainly on humanitarian grounds. The State has now approached this Court seeking cancellation of bail granted to respondent on 22-10-1988. 2. 1 have heard Mr. Abdul Sattar, learned counsel for applicant and Mr. Sohail Muzaffar, learned counsel for respondent. 3. The jurisdiction of the Special Judge (Customs and Taxation), and the Special Appellate Court in matter of cancellation of bail being…

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