P L D 2016 Islamabad 39 (PLP)

MUHAMMAD ANWAR KHAN KASI, C J.--This revision petition is directed against the Order dated 01.4.2015 passed by learned Special Judge (Customs), Rawalpindi/ICT, whereby application of the petitioner for superdari of Passport No.G-32383625 and other belongings, taken into possession in connection with case FIR No.05, dated 04.2.2015, under Sections 8, 70, 178, 156(I) Customs Act, 1969, PS I&P Model Custom Collectorate Islamabad, was dismissed.

2. Learned counsel contends that while rejecting the application, learned Special Judge did not appreciate that passport is a title document, which needs to be returned and if same remains in custody of custom authorities, visa of the petitioner would expire and she will become an illegal immigrant.

3. It is further averred that passport was taken into custody under Section 51, Cr.P.C. during personal search and has no nexus with the case property, therefore, observations to this effect are contrary to material available on record. It is added that there is no rival claimant, as such she is entitled for getting the passport on supardari.

4. Learned Law Officer Customs, repelled the above submissions and stood behind the Order impugned. According to him, petitioner is a Chinese national from whose possession Passport No. G-32383625 was taken into custody by the custom authorities, having entries about her exits and entrances along with visa and same being case property as material evidence, cannot be given on supardari. He adds that petitioner is a foreign national and would flee out of the country without facing trial, if passport is released.

5. Heard and record perused.

6. Precisely, relevant facts are that on 04.02.2015 petitioner arrived at BBS International Airport, Islamabad through international Flight PK-1856. Custom authorities became suspicious in the wake of spy information due to which she was stopped and during her personal search, she was found in possession of 1375 KG of pork meat and 335 bottles of liquor, resultantly FIR in question was registered against her. It reflects from report under Section 173, Cr.P.C. that during interrogation she acknowledged ownership of banned meat and liquor and further disclosed that in connivance with her Pakistani husband i.e. Muhammad Saeed she often visits China to import contrabands for selling them on profit to foreigners in Pakistan,

7. Contents of C.M. No. 412-M-15 reflect that learned trial Court is expeditiously proceeding with the trial and no apprehension with regard to delay in conclusion of trial exists.

8. Petitioner though is a foreign national, yet apprehension about her absconding without facing trial does not inspire confidence because it reveals from report under Section 173 Cr.P.C. that she is married to a Pakistani national. Moreover, the passport is prima facie neither instrumental to commission of alleged offense nor any offense has been committed concerning the same as it has not been included in Memo of Recovery (Fard Baraamdgee) along with liquor and Pork Meat rather added in Memo of Frisk (Fard Jama Talashi) lisiting her personal belongings like Mobile Phone purse etc. The Passport cannot be allowed to be retained on superficial basis of travel history record which can be seen through copy of passport. The procedure of law contained under Sections 516-A and 523 Cr.P.C. applicable on either case does not allow rejection of the request for custody concerning an article which is not principally and essentially involved in commission, or proof of alleged offence, particularly where the same would limit the freedom of movement.

9. Even if it is admitted that passport and other belongings are case properties, they are not being returned to her without conditions. On the other hand they would be released on superdari against reliable surety and law is very clear on the point that superdar, after getting case property, is under legal obligation to produce it as and when required before a court of law.

10. In view of above the petition is accepted impugned order dated 01.04.2015 is set aside and the passport bearing No.G-32383625 is directed to be delivered to her against solvent surety according to the satisfaction of learned Trial Court.

11. There are no details about other belongings, therefore, to the extent of remaining articles, she may file a fresh application with proper details which would be decided by learned Trial Court on its own merits. Crl. Misc No. 412-M-2015 Learned Counsel does not press this application for want of relevant record. Disposed of. MH/127/Isl. Revision allowed.