Law: Customs Act, 1969

Section: 156

Criminal Procedure Code (V of 1898)--S. 497---Customs Act (IV of 1969), S.156(1)(14)(82)---Bail---Accused were the Appraising Officer and the Treasury Officer, Customs, and none of them had either held the auction proceedings or issued any cheque---Allegation against the accused was that in connivance with co-accused they had conducted the auction illegally ---Co-accused who was the beneficiary was still absconding---Active involvement of the accused in the crime was yet to be established at the trial---Documents had already been taken into possession by the police---Case against the accused did not fall within the, prohibitory clause of S.497(1), Cr.P.C.--­Accused were allowed bail in circumstances. Wajid Ali v. The State 2000 MLD 1572; Younus Habib v. The State 2000 PCr.LJ 721 and Haji Wali Muhammad v. The State 1969 SCMR 233 ref. ORDER I would like to decide Special Criminal Bail Application No.3 of 2003 of applicant Muhammad Afzal Magsi and Special Criminal Bail Application No.6 of 2003 of applicant Syed Shahid Ali Subzwari by a single order as the bail orders arise out of the same F. I. R. Applicants are facing trial in the Court of Special Judge (Customs and Taxation), Karachi for an offence under section 156(1)(14)(82) of the Customs Act, 1969. Briefly the prosecution case as revealed in the F.I.R. is that Messrs Shaheen Impex, Mr-5/87, 70 Thanai Lane, Jodia Bazar, Karachi is owned by one Muhammad Arif who opened L.C. on 17-9-1998 in favour of Messrs. Kenya Tea Development Authority for import of tea as per Invoice No.97 dated 28-7-1998 for 400 paper cases of 26,320 Kgs. The consignment was scheduled to arrive on 8-11-1998 but it was delayed and the importer Messrs Shaheen Impex refused to get the consignment cleared. The Custom Authorities without compliance of necessary proceedings auctioned the consignment on 29-3-2000. One S. Muhammad was declared successful bidder for the bid of Rs.18,52,000 and the consignment was handed over to him. Custom Authorities had to charge duty and taxes at the rate of Rs.204 % and the remaining amount of Rs.7,43,170 was to be returned to Messrss Shaheen Impex, Karachi, if nobody appear to claim the amount it was to be…

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