Law: Customs Act, 1969

Section: 156

Criminal Procedure Code (V of 1898)--S. 497(2)---Customs Act (IV of 1969), Ss. 156(1)/81/82/89/178---Bail, grant of---Principal accused in the case who was the importer of the consignment in question had been allowed bail by the Trial Court---Customs Authorities had not denied that the accused were not registered clearing agents, but their stance was that the accused had used permits of another Agent, who had neither been arrayed as an accused nor had been questioned during investigation---Offences with which the accused were charged did not attract the prohibitory clause of S.497(1), Cr.P.C.---Substantial portion of customs duty had been paid by the principal co-accused to the Department---Was yet to be seen as to what weight could be given to the statement of the said co-accused incriminating the present accused---Case of accused, thus, called for further inquiry, as envisaged by S.497(2), Cr.P.C.---Accused were allowed bail accordingly. ORDER M. BILAL KHAN, J.--- Sheikh Saleem Ahmad and Sheikh Rehan Ahmad the petitioners, by filing Criminal Miscellaneous Nos.6824/B and 7341/B of 2007, respectively, seek post-arrest bail in case F.I.R. No.5, dated 6-4-2007, registered with Police Station I and P Branch, Directorate General Intelligence and Investigation (Customs, Excise and Sales Tax), Faisalabad for offences under sections 156(1), 81, 82, 89 and 178 of the Customs Act, 1969, at the instance of Muhammad Anwar, Intelligence Officer, Customs Intelligence, Faisalabad. 2. Precisely, the allegation against the petitioners, according to the F.I.R., was that they being Clearing Agents indulged in clearing smuggled auto parts in violation of the provisions of sections 2(S), 16 of the Customs Act, 1969. 3. The petitioners' plea for post-arrest bail had been turned down by the learned Special Judge, Customs, Taxation and Anti-Smuggling, Lahore vide order, dated 17-9-2007. Hence, the instant petition. 4. After hearing the learned counsel for both the sides and going through the record, it has been observed that the principal accused in the case, namely, Muhammad Hussain, who is the importer of the consignment in question has been allowed bail by the learned Special…

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