1997 P Cr (PLP)

S. 497

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

Bail, grant of

Gold although not a banned item could be brought from abroad only subject to payment of custom duty after making a declaration orally or in writing before the Customs Authorities

Prosecution could not show if any Form prescribed under the Rules was given to the accused by Customs Authorities for declaring the gold brought by him which he refused to so declare or he had crossed the Customs border point

No reasonable grounds, thus, existed to believe the accused to be guilty of the offence with which he was charged and his case required further inquiry

Accused was admitted to bail accordingly. Nasir Ahmad Qureshi for Applicant. S. Tariq Ali, Standing Counsel for the State; This is a criminal bail application under section 497, Cr.P.C. read with section 185(F) of Customs Act, moved on behalf of Muhammad Rafi son of Muhammad Shaft who is facing trial before the Special Judge (Customs and Taxation), Karachi in a case which is registered as per F.I.R. No.P-2238/96 JTC for smuggling of gold weighing 2 Kgs., registered by a Senior Preventive and Customs Officer under section 1560)(8) of Customs Act. Brief facts of the case are that on 21st October, 1996 the present applicant came by Flight No. PK-732 and was apprehended at the International Arrival Hall, Jinnah Terminal Quaid-e-Azam International Airport, Karachi, by custom personnel in presence of two Mashirs viz. Nasim Gul and Muhammad Pervez from the suit-case of the applicant the gold weighing 2 Kgs. was recovered concealed in meatmincor in the suit-case without making a declaration of the same as provided under section 139 of the Customs Act. I have heard the learned counsel for the parties. Contention of Mr. Nasir Ahmad Qureshi is that applicant was not given an opportunity to make a declaration and that he has not crossed the border of customs so as to hold the applicant that he was escaping or avoiding to make a such declaration Qr from making payment of custom duty. His contention is that as soon as he arrived from Jeddah he was about to go to the place where he had to make declaration out in the meanwhile he was apprehended and he declared thereby producing such purchase receipt of the gold before the Customs Officer but he was implicated in the case and thereby no offence as provided under the Customs Act was committed by-him. Mr, S. Tariq Ali, Standing Counsel, has contended that the applicant did not make such declaration as required under section 139 of Customs Act and he wanted to evade the payment of custom duty in respect of gold which he has brought hence the applicant has committed the offence. The F. I. R. states that the place of incident is International Arrival Hall while the Mashirnama states the place of incident as International Arrival Lounge but it would not make any difference as Lounge is not different from the Hall. There is ex facie no material with the prosecution that any form prescribed under the rules was given to the applicant to declare contraband or item liable to custom duty and that the said form was signed by him to hold him responsible for not declaring gold. There is also ex facie no material that the applicant crossed the border of custom point, thereby committed the said offence. The gold in view of the notification issued by the Government is not banned item but could be brought from abroad subject to payment of custom duty for that such declaration is to be made before custom authorities either oral or in writing at the point. On tentative assessment, it could be said in view of the material that there are reasonable grounds to believe that the applicant/accused is not guilty of the alleged offence and there are grounds for further enquiry as to whether the applicant crossed the border point of custom authority or that he did not make such declaration under section 497, Cr.P.C. Accordingly, the applicant is admitted to bail subject to his furnishing surety in the sum of Rs.10,00,000 (Rupees ten lac) with P.R. bond in the like amount to the satisfaction of the trial Court and that the applicant will surrender the passport, his identity card which would remain with the trial Court till further orders. However the trial Court would be competent to cancel the bail in case the applicant/accused commits misconduct or misuses the concession of bail. The application stands disposed of. N.H.Q./M-152/K Bail allowed.