Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Customs Act, 1969

Section: (9),(14),15(F),32(1),32-A,156(1),178

Criminal Procedure Code (V of 1898)--- ----S.497---Customs Act (IV of 1969), Ss.32(1), 32-A, 15(F), 156(1), (9), (14) & 178---Bail, grant of---Case of the prosecution itself was that the bills of export had initially been cleared by the concerned Customs Staff, but on the information received by the Collector of Customs, the goods which were to be exported through the bills of export had been re-checked; and it had been found that the same were different from those, which had been cleared by the functionaries of the Customs Department---No action against beneficiaries i.e. exporters had been taken by Investigating Agency---Accused who was merely a Customs Clearing Agent, was behind the bars for the last about one year and his further incarceration keeping in view the peculiar facts and circumstances of the case would not serve any useful purpose---Accused was admitted to post-arrest bail, in circumstances. THIS ORDER PASSED BY: M. BILAL KHAN, JUSTICE:---.--- The petitioner, namely, Atta Ullah Qamar son of Hazrat Ullah, by filing the instant petition seeks post-arrest bail in case F.I.R. No.39, stated 8-5-2007, registered with Police Station Investigation and Prosecution Cell, Collectorate of Customs, Customs House Nabha Road, Lahore for offences under sections 32-A, 32(1), 15(1), 156(1), (9), (14), (14-A), 178 of the Customs Act, 1969, at the instance of Habib Ullah Khan, Deputy Superintendent, Customs Export AFU, Airport, Lahore. 2. Precisely, the allegation against the petitioner, according to the F.I.R. was that he being a Customs Clearing Agent had attempted to cause loss to the public exchequer by filing three bills of export from the respective exporters declaring untrue information regarding the nature, quantity and the value of the exported goods in order to earn rebate in duties and taxes. 3. The petitioner had been arrested on 28-6-2007 after dismissal of his pre-arrest bail application and is in custody ever since. His plea for post-arrest bail had also been turned down by the learned Special Judge Customs, Lahore vide order, dated 13-8-2007. Thereafter, he had approached this Court for…

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