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Special Criminal Bail Application No. 36 of 1983, decided on 3rd October, 1983.

-- S. 497-Customs Act (VI of 1969), Ss. 2 (a) (8), 156 (1) & 185-F-Bail-Accused a foreigner-Nothing incriminating recovered from hint-Co-accused admitting that applicant was ignorant of contraband goods in his bag-Amount of bail Rs. 1,00,000, held, heavy in circumstances and reduced to Rs. 30,000 with direction to surrender passport to Court.

Rashid Tariq Khan for Applicant.

Muhammad Iqbal for the State.

The learned Advocate for the applicant in support of the above application for reduction of the bail amount submitted, that applicant is a foreigner, it is impossible for him to furnish such a heavy bail and con sequently grant of bail in such a heavy amount in fact amounts to refusal of bail. The learned Advocate further submitted, that the co-accused on whose alleged statement, the applicant was arrested has already pleaded guilty and sentenced to 4 months and fine of Rs. 30,000 and the said co -accused in his statement before the learned trial Court, has stated, that the present applicant was not aware of the contents of the bag in question. Be that as it may be, the only point which require consideration in the above matter is whether the bail amount of Rs. 1,00,000 is reasonable or not.

The learned Advocate appearing for the State submitted, that the applicant is a foreigner and if the bail amount is reduced he would run away and consequently the same may not be reduced, but the directions may be given for early disposal of this case.

I have carefully considered the above submissions made by the learned Advocates before me and have gone through the order, dated 28th September, 1983 of the learned Special Judge (Customs and Taxation) Karachi, granting bail to the present applicant.

It is an admitted position, that nothing incriminating was recovered from the possession of the applicant, but he was arrested on the alleged statement of co-accused, who later on in his statement before the learned trial Court has categorically stated, that the present applicant was not aware of the charas in his bag. Be that as it may be, the only point which requires consideration is whether the bail granted in the sum of Rs. 1,00,000 is excessive or not. It is an admitted position, that value of the contraband goods is only Rs. 10,000 and further more the applicant is a foreigner and as such it would be practically impossible for him to secure such heavy surety. Keeping in view these facts. I reduce the bail amount from Rs. 1 lac to Rs. 30,000 with one surety and the P. R. bond in the like amount to the satisfaction of the Nazir of this Court and further direct that original passport of the applicant be also surrendered to the Nazir of this Court, pending disposal of the case against the appli cant. According to the learned Advocate for the applicant, applicant's Passport is in possessions of I. O. and as such State counsel is directed to produce the said passport and deposit the same with the Nazir of this Court, so that applicant may not be able to leave Pakistan till disposal of his case.

The learned trial Court is directed to complete the trial of the appli cant within one month from the receipt of the copy of this order, as he is a foreigner and as such the interest of justice demands, that his case be heard and disposed of in accordance with the law at an early date, has case against the main co-accused has already been disposed off on his plea of guilty.

M. B. A. Amount of bail reduced.

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