2004 PLP 236 (YLR)

Mahmood Alam Rizvi, Standing Counsel. The applicant is facing trial in the Court of Special Judge (Customs and Taxation), Karachi for an offence under section 156(1)(8)(14)(9) of the Customs Act, 1969 in Crime No.46 of 2002. Precisely the facts of this case as disclosed in the F.I.R. and challan are that on 10‑2‑2002 Sanaullah Brohi, Inspector Customs received an information that some unscrupulous elements are involved in the illegal export of foreign brand cigarettes (suspected to be counterfeit) to European countries. On such information, a Customs party headed by him examined a consignment on 10‑2‑2002 consisting of 653 cardboards cartons lying at Export Examination Shed No.8, Air Freight Unit, Karachi Airport. The said consignment was covered under Shipping Bills Nos.13615, dated 4‑8‑2001 and 19179 dated 25‑8‑2001 and was already examined by the Customs. As per declaration the goods were fresh vegetables but on examination by the Customs party Benson & Hedges brand 4079 cigarettes cartons were recovered from 340 cardboard cartons. Messrs S.A. Enterprises was shown as clearing agent. The consignment was seized and report was lodged. After completion of investigation charge‑sheet was submitted before Cust6ms Court in which present accused alongwith Wajid Ali, Muhammad Ramzan, Zubair and Ch. Anwar were shown as absconders. The case proceeded and after trial accused Muhammad Amjad the exporter and Jamshed Khan, Examiner Customs were convicted vide judgment dated 31‑5‑2002 and accused Muhammad Amjad was sentenced to suffer two years' R.I. and fine of Rs.5,00,000 (Rupees five lacs only) while accused Jamshed Khan was sentenced to the term already undergone and a fine of Rs.1,00,000 (Rupees one lacy. The cases of absconding accused were kept on dormant file and by the same judgment trial Court issued non‑bailable warrants against the absconding accused. It is contended by learned counsel that applicant had no knowledge about the pendency of this case. He has filed affidavit of applicant to that effect. Aisha Electronics of Karachi have issued a certificate that he was their employee on monthly salary of Rs.3,000 from 1st July, 2002 to 6th February, 2003 and was attending his duty regularly. Similarly the certificate has been issued by President, Karachi Electronics Dealers Association wherein it is stated that applicant Mahmood Hussain was working with them as their member, in capacity of salesman. He worked with them from 1st July, 2002 to 6th February, 2003. Affidavit of 2 persons namely Muhammad Haroon and Muhammad Sultan Azad have been filed wherein they have stated that applicant is their neighbour and he never absconded. He was available in Karachi and performing his daily pursuits from 1st January, 2002 to 6th June, 2003. It is argued that the applicant was available all the time in Karachi. He never absconded and had no knowledge of the case. Mr. Mahmood Alam Rizvi, learned Standing Counsel in view of the aforesaid circumstances has stated his no objection to the grant of bail. It is apparent from the document produced by the applicant that he was available in Karachi and was serving with Electronic Company. The documentary evidence has been produced in that regard. The applicant is in custody for the last more than three months. Bail plea of applicant is not opposed by learned Standing Counsel. He is granted bail in the sum or Rs.1,00,000 (Rupees one lac only) and P.R. bond in the like amount to the satisfaction of the Nazir of this Court. N.H.Q./M‑530/K Bail allowed.