Law: Customs Act, 1969

Section: 156

(a) Criminal Procedure Code (V of 1898)--S. 497---Customs Act (IV of 1969), Ss. 156(1)(8) & 159---Bail---Before taking personal search of accused an opportunity was provided to him in terms of S.159 w of Customs Act, 1969, and on his refusal to avail of such opportunity his personal search was taken in presence of Mashirs and a Gazetted officer---Only fact that said Gazetted officer was not cited as prosecution witness or his statement under S.161, Cr.P.C. was not recorded during investigation was hardly relevant at bail stage particularly when accused had refused to be taken before a Gazetted officer of Customs or a Magistrate---Record did not show that accused was a carrier and not a real beneficiary---Charge-sheet on the other hand had indicated him as a habitual offender---Bail was refused to accused in circumstances. Syed Abdul Nabi v. The State P L D 1988 Lah.146; Noorul and others v. The State 1976 S C M R 190; Ghazi Shah and others v. The State 1983 S C M R 727; Jamshed Iqbal alias Billo v. The State 1986 P Cr. L J 2309 and Ahmed Ali Khan v. The State 1988 P Cr. L J 370 ref. (b) Criminal Procedure Code (V of 1898)--- ----S. 497(1), first proviso---Customs Act (IV of 1969), S.156(l)(8) --- Every sickness does not entitle an accused person to grant of bail---Accused had a depressive reaction and no details about his illness were available on record--­Certificate to the effect that accused was impatient or was unable to attend the Court for the time being did not serve the required purpose. Banaras v. The State 1978 S C M R 191 and Muhammad Ashraf Khan v. The State 1990 P Cr, L J 169 ref. ORDER Applicant Rifaqat Ali, who is detained in Crime No.P-1488/90-I, under section 156(1)(8) of the Customs Act, 1969, applied for bail before learned Special Judge (Customs and Taxation), Karachi, but without success. He has now approached this Court with the same prayer. 2. On 23-11-1990, M. Aslam Awan, Senior Preventive Officer of Pakistan Customs received a secret information to the effect that applicant who was scheduled to arrive from Dubai by Flight No.1H-634 of Lufthansa Airlines would attempt to smuggle a huge quantity of gold into the country. Consequently…

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