2008 PLP 2291 (YLR)
Khawaja MUHAMMAD NAEEM — Petitioner Versus THE STATE — Respondent
| Citation | 2008 PLP 2291 (YLR) |
| Forum / Court | Lahore |
| Bench Members | M. Bilal Khan, J |
| Parties | Khawaja MUHAMMAD NAEEM — Petitioner Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2008 PLP 2291 (YLR)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2008 PLP 2291 (YLR)?
The case was heard and decided by the Lahore bench comprising: M. Bilal Khan, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2008 PLP 2291 (YLR) (Khawaja MUHAMMAD NAEEM — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Headnotes / Summary
S. 497
Customs Act (IV of 1969), Ss.156(1), (9), (61), (62), (90) & 178
Allegation against accused was that he removed certain goods from the bonded warehouse without payment of duty and taxes
Accused had expressed his willingness to deposit 25% of the amount of duty and taxes, which according to him could be adjusted against his final liability, which he deposited vide challan
Accused after his release from custody would join adjudication proceedings and subject to his remedies provided to him by law, he would be duty bound to deposit remaining amount of duty and taxes
If accused would fail to liquidate his legal liability, Department concerned would be at liberty to move High Court for cancellation of .the concession of bail extended to accused him. Syed Qari Mian Zaidi for the Petitioner. Muhammad Khalid Chaudhry, Legal Advisor assisted by Israr Hussain Shah, Inspector Customs, Custom House, Lahore with record.
Judgment & Decree
M. BILAL KHAN, J.
Khawaja Muhammad Naeem son of Ghulam Mohiuddin, the petitioner by filing this petition, seeks post-arrest bail in case F.I.R. No.40/2007 dated 19-5-2007, registered with Police Station Collectorate of Customs, Lahore, for offences under sections 156 (1), (9), (61), (62), (90) and 178 of the Customs Act, 1969.
2. Briefly stated the allegation against the petitioner was that certain goods were removed/replaced from the bonded warehouse without payment of duty and taxes. According to the department the duty and taxes evaded had been worked out to be Rs.6,17,775.
3. During the course of hearing of this petition on 1-11-2007 the petitioner had expressed his willingness to deposit 25% of the amount of duty and taxes, which according to him could be adjusted against his final liability. His learned counsel has today produced challan form showing that the amount of Rs.1,55,000 has since been deposited in the Government treasury on 15-11-2007. The original challan form has been handed over to the learned Legal Advisor to the Customs Department whereas photostat has been placed on the file of this Court.
4. After release from custody the petitioner shall join adjudication proceedings and subject to his remedies provided to him by law he shall be duty bound to deposit remaining amount of duty and taxes. If he fails to liquidate his legal liability, the department concerned will be at liberty to move this Court for cancellation of the concession of bail extended to him.
5. In this backdrop this petition is allowed and the petitioner is admitted to post-arrest bail provided he furnished bail bond in the sums of Rs. 200,000 with one surety in the like amount to the satisfaction of the learned trial Court. H.B.T./M-230/L Bail granted.