Law: Criminal Procedure Code (V of 1898)

Section: 497

Criminal Procedure Code (V of 1898)--S. 497---Penal Code (XLV of 1860), Ss. 302, 324, 436, 427 & 109--Explosive Substances Act (XI of 1908), Ss. 4 & 5---Bail---Sudden explosion of an imported container containing contraband fireworks at the time of unloading AM inspection by the Customs Officials resulting in death of 16 persons and injury to more than 30 persons at the Dry Port-import and Clearing Agent had dishonestly mentioned in the relevant papers that there were cosmetic goods in the container and got the container desealed through Security Staff whose duty was to deseal the container after a requisite verification and in the presence of the clearing agent who had applied for the clearance---Had there been correct declaration in the requisite documents that these were firework, the container could have not been imported, even if at the Dry Port Clearing Agent, the concerned Officials and the Security Supervisor had been honest to their duty, the entire container and the fireworks would have been confiscated, the security arrangements would have been better and the tragedy could have been averted--­Reasonable grounds, in circumstances, thus existed to believe that the accused persons (petitioners) were connected with the alleged offence---High Court dismissed the bail applications of the accused persons. ORDER This order shall dispose of Criminal Miscellaneous No.2085-B of 2003 filed by Arshad Butt, Criminal Miscellaneous No.2238-B of 2003 filed by Muhammad Amin alias Irfan, Criminal Miscellaneous No.2068-B of 2003 filed by Muhammad Yaqoob and Criminal Miscellaneous No.2086-B of 2003 filed by Khalil Ahmed as they arise out of the same case registered vide F.I.R. No.54 of 2003 dated 4-2-2003, Police Station, Sambrial under sections 302, 324, 436, 427, 109, P.P.C. and section 4/5 of Explosive Substances Act. 2. The prosecution story as given in the F.I.R. registered on the statement of Muhammad Afzal Shaheen (complainant) briefly stated is that he worked as Custom Clearing Agent in Dry Port Samabrial, that on 4-2-2003 at about 1-30 p.m. he saw two containers parked near his office, that Sheikh Najam-ul-Hassan, Custom Inspector alongwith officials and…

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