1992 P Cr (PLP)

Special Criminal Bail Application No.85 of 1988, decided on 8th August, 1988.

S. 497

Customs Act (IV of 1969), S.156(1)(8)(9)

Bail, grant of

From the F.I.R. and the challan it was not clear whether the accused could be prosecuted under the Customs Act or under Prohibition (Enforcement of Hadd) Order (4 of 1979)

Accused was admitted to bail in circumstances. Aziz Khan v. The State 1987 M L D 3023 ref. Ilyas Khan for Petitioner. Niaz Ahmad Khan for the State. The applicant Abdul Khaliq, has applied for bail in a case which is registered against him under section 156(1)(8)(9) of Customs Act, 1969 alongwith 5 others. It is contended by the learned counsel for the applicant that there is nothing in the F.I.R. to show that any quantity of Charas was recovered from any premises either the occupation or occupied by the applicant. It is further contended by the learned counsel for the applicant that at best the case of the final Challan is that at the alleged pointation of the applicant some 50 Kgs. Charas was recovered from steel Roller which was cleverly concealed inside the Roller and even it' this allegation of the prosecution is accepted at this stage the case would not fall under the provisions of the Customs Act but would fall under the Prohibition Order, 1979. Mr. Niaz Ahmed Khan learned counsel for the State on the other hand contends that the involvement of the accused Abdul Khaliq is dearly established both from the challan as well as the charge-sheet as firstly about 100 grams Charas was recovered from a house which was taken on rent by this accused from another accused Imam Bux. It is also contended by the learned counsel for the State that at the pointation of the accused Abdul Khaliq 50 Kgs. Charas was recovered from the Steel Roller which was used for processing the sheets and as such his involvement in the case is clearly established. After hearing the learned counsel for the applicant and the learned counsel for the State I am of the view that at present it is not clear from the F.I.R. and the challan submitted whether the accused could be prosecuted under the Customs Act or under the Prohibition Order, 1979. In such circumstances I had already granted bail in the case of Aziz Khan v. The Q State 1987 M L D 3023. The facts and circumstances of the present case are similar to the one in which I had granted bail and I see no reason to make a different order in the present case. I accordingly admit the applicant to bail in the sum of Rupees four lacs with one surety and P.R. in the like amount to the satisfaction of the trial Court. N.H.Q./A-1124/K Bail granted.