1988 P Cr (PLP)

S. 497--Customs Act (IV of 1969), Ss. 156(8) & 157/178--Bail, grant of--Investigation completed but final challan yet to be filed after some time--Maximum sentence provided for alleged offence against accused, ten years rigorous imprisonment but question whether maximum sentence would be awarded to accused' remained to be decided after recording of evidence--Accused admitted to bail in circumstances. Amir v. The State P L D 1972 S C 277 rel. Nazir Ahmad Shami for Petitioners. This is a petition under section 497, Cr.P.C. by Imran Ashraf Ali and Ghulam Hussain, petitioners, for bail in respect of a case instituted against them and three others under sections 156(1)8/157/178 of the Customs Act, 1969, at Police Station F.I.A. Lahore on 1-5-1987. 2. The prosecution case in brief is that officers of the Federal Investigation Agency having received a secret information that certain persons in a Pajero Jeep No. SAB-1991 would be receiving smugglers bringing gold from Dubai on P.I.A. Flight PK 209 on 1-5-1987, they organized a raiding party and spread themselves out at the Lahore Airport. At 4-50 a.m. when Flight PK 209 arrived, the two petitioners came out of the Arrival Lounge at about 5-30 a.m. and got into Pajero Jeep No. SAB-1991, in which three other persons were sitting, who had come to receive them. There and then the raiding party apprehended the two petitioners and the other three persons, who later were found to be Tabassam Raza, Muhammad Akram and Irfan Ali, co-accused. From the secret recess of the attache-case of Imran Ashraf Ali, petitioner, 30 renies of gold weighing 10 tolas each were recovered. Likewise, from the secret recess of the attache-case of Ghulam Hussain, petitioner, 30 renies of gold of 10 tolas each were recovered. 3. I have heard the arguments of the learned counsel for the petitioners and have also discussed the case with Mr. Ijaz Ahmad Inspector, F.I.A. Lahore. The investigation is now complete, though the final challan has yet not been filed. The total value of the smuggled gold is about Rupees two lacs (Rs.2,00,000). Though maximums sentence provided under section 156(1)8 of the Customs Act is ten years' imprisonment, the question whether the maximum sentence will be awarded to the petitioners yet remains to be decided, after the evidence is recorded. Since the investigation is over and some time will be taken in the filing of the challan and relying upon the principle contained in Amir v. The State P L D 1972 S C 277, I would release the petitioners on bail, but not without going on the record that I have given no finding in the matter. 4. For the foregoing reasons, this petition is accepted and Imran Ashraf Ali and Ghulam Hussain, petitioners are released on bail, subject to their furnishing security in the sum of Rupees Fifty thousand (Rs.50,000) each with two sureties each in the like amount to the satisfaction of the Special Judge, Customs, Lahore. M.Y.H./I-53/L Bail granted.