1992 P Cr (PLP)

‑‑‑‑S. 497‑‑‑Customs Act (IV of 1969), Ss.156(1)(8) & 178‑‑‑Bail‑‑‑Four co- accused were still at large and warrants of arrest had been issued against them‑‑‑Recovery of 4,000 Tolas of gold had been effected from the body of the accused‑‑‑Bail was refused to accused in circumstances. N L R 1987 Criminal 589; Criminal Petitions Nos.428/L to 430/1, and 460/1, and 461/1, of 1990 ref Federal Government of Pakistan v. Noor Muhammad and others Criminal Petitions Nos.428‑L to 430‑L and 460‑L to 461‑L of 1990 rel. Nemo for Petitioners Sh. Maqbool Ahmad, Standing Counsel, Government of Pakistan for the State. Date of hearing: 17th May 1992. Petitioners seek bail in a case registered with Police Station Narang, District Sheikhupura for offences under sections 156(1)(8), 178 of the Customs Act vide F.I.R., dated 20‑1‑1992. The case was got registered by Major Muqarab Hussain with the allegation that he received secret information that petitioners alongwith others are going to smuggle gold into India. A raiding party was constituted which went to B.R.B. canal. At about 11 a.m. they saw two persons going towards India. They were apprehended and 2,000 Tolas of gold from each of them was recovered. They were within 1‑1/2 miles from the border belt. The petitioners had applied for bail and the same was declined by Special,, Judge Customs, Lahore on 14‑4‑1992. They applied for bail before this Court and notice was issued on 2‑5‑1992. Case was called number of times. Learned counsel for the petitioners did not appear though in the cause list his name was mentioned. Grounds taken by learned counsel for the petitioners in the petition are that petitioners were arrested in broad daylight and in such circumstances allegation of smuggling in broad daylight cannot be sustained. It was further contained in the petition that they were arrested within 1‑1/2 miles from the border and therefore, in view of judgment reported in N L R 1987 Criminal 589, they were entitled to the concession of bail because the only allegation against them could be of. possession. Learned Standing Counsel appearing for the State Opposed the application and relied upon recent judgment delivered by their Lordships of the Supreme Court in Criminal Petitions Nos.428‑L to 430‑L and 460‑L to 461‑L of 1990. I have carefully gone through the file and heard Major Muqarab Hussain of Pakistan Rangers who had apprehended the petitioners and investigated ‑the case. According to him four of the co‑accused of the petitioners are still at large and warrants of arrest have been issued againstIA them. Further informs that from the personal search of the petitioners 4,000 total as of gold in biscuits form was recovered which they had tied around their waists. Petition for bail cannot succeed on these grounds in view of recent pronouncement of their Lordships of Supreme Court in the judgment referred to above titled "Federal Government of Pakistan v. Noor Muhammad and others". There is no merit in die petition, which is dismissed, on merits as well as for want of prosecution. N.1‑I.Q./I‑42/1 Bail refused.