2018 PLP 1370 (YLR)

MUSARRAT HILALI, J.

Accused-petitioner, Sajjad Ahmad, seeks his release on bail in case FIR No. 11/2018 dated 23.01.2018, registered under sections 2(s), 16 and 139 of the Customs Act, 1969, read with section 8(2) of the Foreign Exchange Regulation Act, 1947, read with Section 3 (1) of the Imports and Exports (Control) Act, 1950, punishable under clause (8) (89) of subsections (1) and (2) of Section 156 of Customs Act, 1969 and Section 3(3) of Import and Export (Control) Act, 1950 at Police Station Investigation and Prosecution Branch, Custom House, Peshawar. He has been refused bail by the learned Special Judge, Customs, Taxation and Anti-Smuggling, Peshawar vide order dated 13.02.2018.

2. The allegation against the accused-petitioner is that he was arrested at Bacha Khan International Airport, Peshawar by the Customs Authorities the moment he was trafficking foreign currency from Pakistan to Dubai without any valid documents. Arguments heard and record gone through.

3. Perusal of the record reveals that accused-petitioner, while travelling to Dubai via flight No.EK-637, was found in possession of foreign currency i.e. Saudi Riyals # 310,000/- and UAE Dirham # 220,000/- allegedly kept concealed in his cloth bag, apparently filled with peanuts. On querry by the Customs staff, the accused-petitioner could not produce any documentary proof regarding the foreign currency. As per the investigation report of the Investigation Officer, Investigation and Prosecution Branch MCC Custom House, Peshawar, available on record, the accused-petitioner elucidated that his younger brother had already settled in Abu Dhabi and on his counseling, wanted to start Catering Business there, and for this purpose, he sold his landed property and also took loan from his relative with the promise that he will return the same after settling. The accused-petitioner also explained that he wanted to start its own business at Dubai, that's why, he also enquired from different sources regarding transferring of foreign currency out of Pakistan, nonetheless, an extra amount round about three lacs was told to be incurred. He, thus, tried to take it himself to lessen the burden of extra charges. The accused-petitioner further explained that he had no knowledge that taking foreign currency out of Pakistan is an offence.

4. Though the offence with which the accused-petitioner is charged fall in the ambit of prohibitory clause of section 497, Cr.P.C, but being behind the bars since 23.01.2018, having no previous history of involvement in such like offences, therefore, in this view of the matter, he cannot be left at the mercy of the prosecution as it is settled law that a mistaken relief of bail can be repaired by convicting the accused, if proved guilty at the end of trial, but no proper reparation can be offered to an accused for his unjustified incarceration in case of his acquittal at the end of trial.

5. Above are the reasons for the short order of even dated. HBT/120/P Bail granted.