1993 P Cr (PLP)

S. 497

Customs Act (IV of 1969), S.156(1)(8)/157/178

Bail, grant of-- Import of gold into Pakistan was permitted subject to payment of duty and declaration

Accused had produced affidavits of the person from whom they had obtained the gold and some of them had also appeared before the Investigating Officer

Accused were behind the bars since more than a year and no recovery had to be made from them

Accused were admitted to bail in circumstances. Muhammad Awais Shahid for Petitioner. Sh. Maqbool Ahmad Standing Counsel. Muhammad Ashraf son of Wasan Din and Muhammad Niamat son of Asghar Ali were arrested by Major Muqarrab Hussain of Pakistan Rangers on 1-12-1991 under sections 156(1)(8)/157 and 178 of the Customs Act, 1969 on the allegations that from their possession 1,000 Tolas of gold were recovered from each of them. They had allegedly tied the same around their waists. It is further alleged that 1,250 tolas of gold were recovered from Car No.LOG 9265 by which they were travelling. Their co-accused namely, Rafaqat Ali and Allah Ditta were alleged to have fled away after throwing 1,250 Tolas of gold. Rafaqat Ali and Allah Ditta were allowed bail by this Court on 21-11-1992 mainly on the ground that they had been arrested at the spot and were allegedly identified in the search light by the Rangers and that their names Were not mentioned in the F.I.R.

2. Bail for Muhammad Ashraf and Muhammad Niamat is urged on the grounds that the case is based on false allegations and that the gold was not recovered near Indo-Pakistan Border but was recovered from G.T. Road near Kamoki. It is stated that Writ 'Petition No.12166 of 1991 was also filed by Muhammad Ashraf petitioner against Major Muqarrab Hussain and others for the registration of case against them under sections 392, 365, 409/217, P.P.C. on the allegation of snatching gold from them near Kamoki and that a case F.I.R. No.10/92 was 'registered against them at Police Station Kamoki on 13-3-1992. Tahir Mahmood Inspector, C.I.A., states that he is investigating the said case. According to him, both the parties are sticking to their stand and have led evidence in support of their respective assertions. Learned counsel for the petitioner states that the gold in question was duty paid and had been duly imported into Pakistan from Dubai by Ghazanfar Ali Hamdani and his family, Muhammad Shafi, Muhammad Qasim, Muhammad Iqbal, Khalid, Abdur Rashid and Mrs. Shahnaz Rashid and Abdur Rauf have filed affidavit in support of having imported gold into Pakistan after paying duty thereon and delivering the same to Muhammad Ashraf petitioner for sale on commission basis. According to Tahir Mahmood Inspector, Abdur Rauf son of Ghulam Muhammad has appeared before him and supported the sale of gold weighing 520 Tolas to Muhammad Ashraf. He states that Waheed-uz-Zaman had also appeared before him and admitted the sale of 260 Tolas of gold to Muhammad Ashraf.

3. Admittedly, the import of gold into Pakistan is permitted subject to payment of duty and declaration. The petitioners have produced affidavits of the persons from whom they had obtained the gold. Some of them have also appeared before Mr. Tahir Mahmood, Inspector, C.I.A., Gujranwala. The petitioners are behind the bars since more than a year and no recovery has to be made from them. Accordingly, I admit them to bail in the sum of Rs.one lac with two sureties each in the like amount to the satisfaction of D.R.(J) of this Court. N.H.Q./M-866/L Bail allowed.