Lawyers Directory Listing
Chat with us free on WhatsApp — tell us your city and legal matter and our team connects you with the right lawyer. No form, no fee.
Criminal Bail Application No. 30 of 1985, decided on 16th June 1985.
‑‑‑S. 497‑‑Customs Act (IV of 1969), S. 156(1)(8)‑‑Bail, grant of‑ ‑Accused a mere carrier and a driver of truck, carrying foreign whisky and VCR‑‑Beneficiary of offending goods already released on bail by trial Court‑‑Challan presented in trial Court while accused in custody for over one month‑‑Accused allowed bail in circumstances.
1976 S C M R 190 and 1983 S C M R 727 ref.
Sohail Muzaffar and Raja Qureshi for Applicant.
Rashid Nizamani for Deputy A.‑G. for the State.
Applicant Nabi Bux Jokhio is being tried for offence under section 156 (1)(8) of the Customs Act 1969. On 10‑5‑1985 a truck was stopped by the Coast Guard at Chooar Jamali and it was found that under cover of fire wood there were concealed 3,716 bottles of foreign whisky and one National V.C.R. It is alleged that applicant was driving tile truck and he divulged that the consignment was loaded in the truck by co‑accused Abdul Rehman Shah. Abdul Rehman Shah was taken in custody and vide order, dated 2‑6‑1985 passed by the learned Special Judge (Customs and Taxation) Karachi, he had enlarged co‑accused Abdul Rehman Shah on bail but rejected bail plea of the present applicant.
Bail plea is urged on the ground that applicant is mere carries and driver of the truck while the real owner and beneficiary of offending goods has been already released on bail by the trial Court. It is submitted that in such circumstances applicant is also entitled to bail. A Reliance is placed on 1976 S C M R 190, 1983 S C M R 727. In these circumstances since applicant has remained in custody for about one, month and six days and the challan has also been presented, and particularly in view of what is stated in the reported cases mentioned above I admit applicant to bail in the sum of Rs.50,000 with one surety and P.R. in the like amount to the satisfaction of Nazir of High Court.
S.G.D. Bail allowed.
Dealing with a matter like this? Connect with a verified advocate in your city — free on SJP Lawyers Directory.
🔍 Find a Lawyer