IN THE HIGH COURT OF SINDH AT KARACHI

 

SPL. CR. BAIL APPLICATION NO.14/2015

PRESENT: MR. JUSTICE SALAHUDDIN PANHWAR

 

 

Applicant          :      Syed WaqarHussain,

                                through Mr. Waseem Sheikh, advocate.

 

Respondent      :      The State,

 

 

Date of hearing :11.05.2015.

 

 

 

O R D E R

 

                   Through instant application, applicant seeks post arrest bail in Crime No.P-47/2015-JIAP under section 156(1)(8) of the Custom Act, 1969.

2.                             Precisely, relevant facts are that it is alleged that applicant while holding Pakistani passport and CNIC arrived from Korea by Thai Airways and tried to pass luggage through green channel. Being suspicious, he was stopped and his luggage was seen through screening machine whereby merchandized electronics (365 cell phones) were found. Consequently quarry was made in terms of section 139 of the Custom Act, 1969 but he failed to reply satisfactorily hence he was booked and such FIR was lodged; smuggled articles were ceased, such mashirnama was prepared and accused was sent up for trial.

3.                             Learned counsel for applicant inter alia contends that applicant was simple carrier and items were not being smuggled therefore case does not fall within the ambit of section 139 of the Custom Act, 1969; offence does not fall within the prohibitory clause; with regard to questions of mis-declaration and allegation of attempt to evade payment of duty are yet to determined by the trial Court; accused is no more required for further investigation hence he may be released on bail. Learned counsel has relied upon 1980 PCrLJ 663 (Feroz-ur-RehmanBatla vs. the State).

4.                             Conversely, learned Special Prosecutor contends that recovery was effected; offence falls within prohibitory clause hence the applicant is not entitled for bail.

5.                             Heard learned counsel and Special Prosecutor so also perused the record. It is not disputed that applicant/accused arrived from Korea by Thai Airways. It is alleged that he tried to get benefit of green channel with intention to evade payment of the duties with regard to articles (cell phones) valued at the tune of Rs.29,33,000/-. Pertinent to mention here that the allegation is an attempt to evade payment of duty but question whether the applicant was liable to pay the duty or that he intentionally attempted to cause loss to the public exchequer or as to whether such act falls within the ambit of mensrea? Are the questions which are yet to be determined by the trial Court. Worth to add here that the case property is not band item and there is no allegation that applicant / accused acted in a manner to get the articles cleared in a secret or illegal manner hence I am of the considered view that instant offence requires further probe. Accordingly, applicant has succeeded to bring his case within the purview of sub-section (2) of Section 497 Cr.P.C. These are the detailed reasons of the short order dated 11.05.2015 whereby applicant was granted bail.

Imran/PA                                                                    J U D G E