2009 PLP 617 (YLR)

M. BILAL KHAN, J.

Ijaz Ahmad Butt son of Bashir Ahmad Butt, the petitioner, by filing this petition, seeks post-arrest bail in case F.I.R. No.4 of 2007 dated 9-2-2007, registered with Police Station I & P Cell, Collectorate of Cus toms, Customs House Nabha Road, Lahore, for offences under S.156(70)(8)(1), 178, 157, 139, 16-2(S) of the Customs Act, 1969.

2. Precisely the case of the prosecution as is unfolded in the F.I.R. registered at the instance of Bushra Bano, Inspector Customs, Traffic Airport, Lahore, was that on 9-2-2007 at 7-10 a.m., within the area of International Airport Lahore, at the time of checking of the luggage of the petitioner who was trying to exit from the Green Channel after having arrived through Flight No.Ey-241, from Dubai, 114 bottles of liquor of foreign origin of different brands had been reco vered. He disclosed that he had travelled with one Muhammad Saqib and the liquor was to be delivered to one Abdul Waheed. On interrogation the petitioner could not produce any licence and he was given notice under the aforesaid sections and had been arrested at the spot. Resultantly the instant F.I.R. had been recorded.

3. The petitioner was arrested on 9-2-2007 and is in custody ever since. His applications for post-arrest bail had been dismissed twice by the learned Special Judge Customs, Lahore vide orders dated 9-4-2007 and 10-5-2007 respectively. Hence this petition.

4. After hearing the learned counsel for the parties and going through the record it has been noticed that the petitioner had been apprehended red-handed while trying to smuggle a rouge quantity of liquor of foreign origin. The contentions of he learned counsel for the petitioner that the petitioner has falsely been involved, that the liquor had been planted by the Customs Authorities on the petitioner and; that out of 126 bottles the samples from only six bottles had been drawn, have no force, inasmuch as apparently it was not possible to falsely plant such a huge quantity of liquor upon a passenger. The recovery had been effected in presence of the complainant and the witnesses who had no background of ill-will or bitterness as such there was no occasion to falsely implicate the petitioner. As regards non-availability of report of Chemical Examiner regarding substance allegedly recovered from the possession of the petitioner, it cannot be considered to be a good ground for grant of bail. Reference can profitably be made to Feroz Shah v. The State (2002 PCr.LJ 1470). The offence under section 156(1) of the Customs Act, 1969 attracts the prohibitory clause of section 497(1), Cr.P.C. No ground for bail is made out. The petition stands dismissed. H.B.T./I-36/L Bail refused.