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ASGHAR ALI versus STATE


Criminal Code of Conduct (CR PC) Section 497 Land Customs Act (IV 1969), Section 156 (1) Guarantee, recovery grant is already effective from the applicant while the inquiry has been finalized and the applicant is questioned. No more required, applications have allowed bail in situations.

1984 M L D 1314

[Lahore]

Before Javid Iqbal, C J

ASGHAR ALI--Petitioner

versus

THE STATE--Respondent

Criminal Miscellaneous No. 12-B/C of 1984. decided on 18th July, 1984.

Criminal Procedure Code (V of 1898)--

---S. 497--Land Customs Act (IV of 1969), S. 156(1)--Bail, grant of--Recovery already effected from petitioner while investigation finalized and petitioner no more required by police for interrogation Petition allowed bail in circumstances.

Bahsir A. Mujahid for Petitioner.

Sh. Maqbool Ahmed for Customs Department.

Date of hearing: 18th July, 1984.

ORDER

This is an application for bail. A case is registered against the petitioner and another under section 156(1)8/178 of the Land Customs Act, 1969 on 12-4-1984 at Police Station Manawan District Lahore. The allegation against the petitioner is that in a raid conducted by the Anti-Smuggling Squad, from the petitioner, was recovered, near Jallomor, one killogram of heroine, which was intended to be smuggled to India. Learned Standing Counsel representing the Customs Department states that investigation against the petitioner has been completed and the recovery has been effected and he is no more required for the purpose of investigation. However, he submits that if the case is proved against the petitioner he can be punished to the maximum period of 10 years R.1. Be that as it may, since the recovery has been effected from the petitioner and the investigation against him has been completed and he is no more required by the police for the purpose of interrogation, admit him to bail subject to his furnishing security in the sum Rs. 25,000 with two sureties each in the like amount to the satisfaction of the Special Judge, Lahore. This application is disposed of .

S. G. D. Bail granted.

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