Law: Customs Act, 1969

Section: 156

Criminal Procedure Code (V of 1898)--S. 497---Customs Act (IV of 1969), Ss. 156(70), (8) (1), 178, 157, 139 & 16-2(s)---Bail, refusal of---Accused had been apprehended red-handed while trying to smuggle a huge quantity of liquor of foreign origin---Contentions of counsel for accused; that accused had falsely been involved; that the liquor had been planted by the Customs authorities on accused; and that out of 126 bottles, the samples from only six bottles had been drawn, had no force as it was not possible to falsely plant such a huge quantity of liquor upon a passenger---Recovery had been effected in presence of the complainant and the witnesses who had no background of ill-will or bitterness against accused---No occasion existed in circumstances to falsely implicate accused---Non-availability of report of Chemical Examiner regarding substance allegedly recovered from the possession of accused, could not be considered to be a good ground for grant of bail---Offence under S.156(1) of the Customs Act, 1969 attracted the prohibitory clause of S.497(1), Cr. P. C. ---No ground for bail having been made out, bail application was dismissed. Feroz Shah v. The State 2002 PCr.LJ 1470 ref. ORDER M. BILAL KHAN, J.---Ijaz Ahmad Butt son of Bashir Ahmad Butt, the petitioner, by filing this petition, seeks post-arrest bail in case F.I.R. No.4 of 2007 dated 9-2-2007, registered with Police Station I & P Cell, Collectorate of Cus­toms, Customs House Nabha Road, Lahore, for offences under S.156(70)(8)(1), 178, 157, 139, 16-2(S) of the Customs Act, 1969. 2. Precisely the case of the prosecution as is unfolded in the F.I.R. registered at the instance of Bushra Bano, Inspector Customs, Traffic Airport, Lahore, was that on 9-2-2007 at 7-10 a.m., within the area of International Airport Lahore, at the time of checking of the luggage of the petitioner who was trying to exit from the Green Channel after having arrived through Flight No.Ey-241, from Dubai, 114 bottles of liquor of foreign origin of different brands had been reco­vered. He disclosed that he had travelled with one Muhammad Saqib and the liquor was to…

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