Law: Customs Act, 1969

Section: 2

(a) Criminal Procedure Code (V of 1898)--S. 497---Customs Act (IV of 1969), Ss.2(s), 156(1)(8), (89) & 185(F)---Constitution of Pakistan (1973), Art.199---Bail, refusal of---Conversion of bail application into constitutional petition---Complainant checked baggage of accused, but no incriminating matter was secured, however, from personal search of accused slabs of gold weighing 800 Tolas and golden jewelry weighing 4995 grams were secured, which were tied around various parts of his body---Required notice was issued to accused and search was conducted in presence of two witnesses---Action of accused had come within the definition of "Smuggling" as defined in S.2(s) of Customs Act, 1969---When in violation of prohibition on or restriction on importation gold secretly and clandestinely without payment of duty, was brought in the country or was brought to leave the airport, process of importation was complete---Offence against accused, in circumstances fell under S.156(1)(8) of Customs Act, 1969 which was punishable for 14 years' R.I. and not under S.156(1)(89) of the Customs Act, 1969 providing punishment of 5 years, as claimed by accused---Accused could not prove that smuggled gold was owned by some other person and that he was simply a carrier---Case against accused fell under prohibitory clause of S.497, Cr.P.C.---Accused, in circumstances, was not entitled to concession of bail---Bail application which was converted into constitutional petition, was dismissed, in circumstances. Asghar Ali v. State 1999 SCMR 654; Muhammad Imran v. State 1995 PCr.LJ 858; Fateh Ali v. State 1993 PCr.LJ 1124; Muhammad Rafi v. State 1997 PCr.LJ 1126; Muhammad Jamil v. State 1993 PCr.LJ 2144 and Asghar Ali v. State 2003 PSC 893 ref. (b) Customs Act (IV of 1969)--- ----S. 2(s)---"Smuggling", meaning and scope---`Smuggling' was nothing, but importation or exportation of goods, secretly and clandestinely without payment of duty--Smuggling also would include an attempt, abetment or connivance for so bringing in or taking out goods as mentioned in S.2(s) of Customs Act, 1969. JUDGMENT RAHMAT HUSSAIN JAFFERI, J.--- On 18-11-2006 the applicant Muhammad Haroon Gaba filed application…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492