IN THE HIGH COURT OF SINDH AT KARACHI
SPL.
CR. BAIL APPLICATION NO.14/2015
Applicant : Syed
WaqarHussain,
through
Mr. Waseem Sheikh, advocate.
Respondent : The State,
Date
of hearing :11.05.2015.
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.