2010 PLP 1033 (YLR)

KHAWAJA MUHAMMAD SHARIF, C.J.

This order will dispose of Criminal Miscellaneous Nos. 9537-B-2009, 9544-B-2009, 9546-B-2009, 9547-B-2009, 9548-B-2009, 9550-B-2009, 9538-B-2009, 9541-B-2009, 9549-B-2009, 9551-B-2009, 9543-B-2009, 9535-B-2009, 9536-B-2009, 9539-B-2009, 9540/B, 9542-B-2009, 9545-B-2009, 9681-B-2009, 9682-B-2009, 9683-B-2009, 9684-B-2009, 9685-B-2009, 9686-B-2009 and 9687-B-2009, filed by Faisal Shahzad petitioner.

2. Learned counsel for the petitioner submits that petitioner is not beneficiary in this case; that he was an employee of one Naeem Qureshi, that neither petitioner is importer nor he was clearing agent or employee of customs authority; that he is behind the bars for the last two years; that challan has been submitted in the Court about one year ago but not a single witness has been recorded so far, that speedy trial is right of accused and that case of petitioner is of further inquiry falling under sub-clause (2) of section 497 Cr.P.C. and he is entitled to bail.

3. Learned Legal Advisor Customs submits that petitioner is named in the F.I.R.; that recovery was effected from him; that he was working as an agent on behalf of one Naeem Qureshi; that two bail applications of Naeem Qureshi are also fixed before my learned brother Asif Saeed Khan Khosa, J. today; that he used to collect the money from the dealers and sent the same to Naeem Qureshi through banks; that maximum sentence in this offence which has been levelled against the petitioner is ten years and not less than five years; that interim challan was submitted on 24-7-2008 and admits that not a single witness has been recorded so far.

4. Before opening his arguments learned Legal Advisor submits that against the order of Special Judge Customs a special appellate Court is constituted by the order of Federal Government on the advice of Chief Justice High Court. He has referred sub-clause B of section 15 of Customs Act 1969.

5. After hearing learned counsel for the parties I may state here that according to provision of Prevention of Smuggling Act, 1977 sub-clause (5) of section 46 reads as follow:- (5) when the Judge of Special Appellate Court is, for any reason, temporarily unable to perform his duties, he may inform the Chief Justice of the High Court of which he is a Judge and the Chief Justice shall nominate another Judge to perform the functions of Special Appellate Court so long as such Judge is unable to perform his duties."

6. On the advice of Chief Justice of this Court earlier Syed Shabbar Raza Rizvi, J. was appointed as Special Appellate Court but because of judgment of Honourable Supreme Court of Pakistan, dated 31-7-2009, he has become PCO Judge, although Honourable Supreme Court had not restrained from working. According to said judgment Hasnat Ahmad Khan, J. till today has not joined the Court, so I have no other option but to dispose of 24 bail applications because accused person cannot be kept in judicial lock-up for indefinite period. It has not been denied by learned Legal Advisor of Customs that the petitioner is behind the bars for the last two years. The challan has been submitted before the Court one year ago and till today not a single witness has been examined. There is no fault of the petitioner in conclusion of the trial. Maximum sentence which can be awarded in the instant offence is 10 years, so on the ground of delay I accept all the 24 bail applications filed by the petitioner. He shall be released if he furnishes bail bonds in the sum of Rs.100,000 with one surety in the like amount in each case to the satisfaction of Deputy Registrar (J) of this Court. H.B.T./F-6/L Bail granted.