Law: Customs Act, 1969

Section: 156

Criminal Procedure Code (V of 1898)--S. 497---Customs Act (IV of 1969), S. 156(1)(8)(9)(14) & (86)---Bail, grant of---Documents declared the consignment in question to be Plastic Toys Rings, but in fact, it was the explosive material which had exploded and took eighteen human lives---Such act amounted to smuggling of explosive material which was an offence punishable under cl.(8) of S.156 of Customs Act, 1969 which had provided punishment of 14 years--­Material on record had shown that accused was the only person who imported said consignment to Pakistan---Such being one of the white collar crimes which were usually committed in planned manner by well ­organized persons and they work by underhand mechanism, the standard of evidence normally available in the ordinary criminal cases could not be expected---Accused was prima facie a person concerned with the offence, he did not deserve concession of bail. Saeed Ahmed v. The State 1996 SCMR 1132 and Ayaz Ahmed v. The State 2003 PCr.LJ 1340 ref. ORDER The applicant is facing trial in the Court of Special Judge (Customs and Taxation), Karachi in Case No.3 of 2003 for an offence under section 156(1)(9)(14) and (86) of the Customs Act, 1969 in Crime No.SI/Miss./018/2003-AIR registered by the Collectorate of Customs (Appraisement) Custom House, Karachi on 11-2-2003. 2. Precisely the facts giving rise to this bail application are that Messrs Blue Apple International, Sialkot imported a consignment declaring it as Plastic Toy Rings, in container No.4MU-6217016 vide IGM No.137/2003 dated 23-1-2003 Index No.23 Messrs M.A. Land Transport Company (Pvt.) Limited filed transshipment Permit No.16749. dated 28-1-2003 for transshipment of the said container from Karachi Port to Sambrial Dry Port. On 4-2-2003 when it reached at Sambrial where it was being checked by the Customs Authorities. The said container exploded and as a result of which it took 18 human lives and destroyed the other property. After the incident a case was registered by Appraisement Collectorate at Karachi, alleging that the container instead of toy rings was containing explosive material and the declaration made before the Customs Authorities at Karachi…

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