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Criminal Miscellaneous No. 23/BC of 1986, decided on 16th February, 1986.
---‑‑S. 497‑‑Customs Act (IV of 1969), S. 161‑‑Bail, grant of‑‑Raiding party recovering 6,000 Tolas of gold from car of accused‑‑Accused was stated to be a mere carrier in the information itself on basis of which raid was organised‑‑Collector of Custom giving notice to another person describing him to be owner of such gold‑‑Bail granted to accused in circumstances.
Ghazi Shah v. State 1983 S C M R 727 and Noorul v. State 1976 SCMR 190 ref.
M.B. Zaman for Applicant.
Sh. Maqbool Ahmad II Standing Counsel for the State.
On 22‑7‑1985 at 8‑15 p.m. the petitioner was travelling by a car which was held up by a police party. On search of the car 6,000 tolas of gold was recovered. The gold had been hidden under the rear seat of the car. On the basis of the recovery a case under the Customs Act was registered against the petitioner. The precise allegation against him is that he was intending to smuggle gold out of Pakistan.
2. In support of this bail application it is contended that the petitioner was mere carrier and that the main culprit to whom the gold belonged according to the prosecution itself has since been released on bail. Support is also sought from two decisions of the Supreme Court reported as Ghazi Shah v. State 1983 S C M R 727 and Noorul v. State 1976 S C M R 190.
3. On behalf of the State it is contended that there is no evidence that the petitioner was a mere carrier and that so‑called original owner has disowned all connection with the gold.
4. It will be serious question for consideration at the trial whether the petitioner was merely a carrier or the owner of the gold recovered from the car. At present I find that the raid was organized by the police on the information furnished to the Senior Superintendent of Police and in that information the petitioner was stated to be a mere A carrier. I also find that the Collector of Customs has given a notice to another person describing him to be owner of gold. In the circumstances I direct that the petitioner be admitted to bail on his executing a bond in the sum of Rs.5,'00,000 (Rs. five lacs) with two sureties in the like amount to the satisfaction of the Special Judge (Customs) Lahore.
H.A.K. Bail granted.
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