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Criminal Miscellaneous No. 4565/B of 1975, decided on 5th December 1974.
‑‑‑ Ss. 497 & 498 read with Punjab Excise Act (I of 1914), S. 61 & Customs Act (IV of 1969), S. 156(8), (69)‑‑Smuggling‑Bail‑Accused apprehended with 10 seers of charas at aninland airport‑Question of accused going to smuggle charas out of Pakistan yet to be determined‑Offence under S. 61, Act I of 1914 being bailable, accused admitted to bail---.‑[Bail].
Muhammad Nawaz Kasuri for Petitioner.
Muhammad Yameen for the State.
The learned counsel for the petitioner contends that the petitioner was flying from Islamabad to Karachi and thus it could not be said that he was going to smuggle charas out of the country and the provisions of section 156 (8) (89) of Customs Act, 1969, were not applicable ; that offence under section 61 of Act I of 1914 was a bailable offence.
2: The petitioner has a German nationality. He had entered Pakistan on 51 November, 1974. He was apprehended at Islamabad Airport and was found to be in possession of about ten seers of charas worth Rs. 50,000.00. His passport, tickets and other documents have been taken into custody by the Police. It is yet to be determined as to whether he was going to smuggle charas out of Pakistan. Offence under section 61, Act I of 1914 is bailable. In the circumstances of the case. I allow bail to the petitioner in the sum of Rs. 50,000 with one surety in the like amount to the satisfaction of the trial Court.
The amount of bail is not excessive since there is an allegation that he was going to smuggle charas worth its. 50,000.00.
3. Copy of the order be given dasti on usual payment, tomorrow.
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