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Criminal Miscellaneous No. 313 of 1986, decided on 21st May, 1986.
‑‑‑S. 497‑‑Customs Act (IV of 1969), Ss. 156(1)(89)/157/164/178 & 2(5)‑‑Bail, grant of‑‑Accused's plea of minority and being a carrier only‑‑Accused apprehended while driving pick‑up‑‑Huge quantity of smuggled Charas recovered at his instance‑‑No material on record available to show that accused was minor‑‑Plea of being carrier to be ascertained after recording of evidence‑‑No good ground, held, existed for releasing accused on bail in circumstances.
Nazirullah Khan and Habibullah Khan for Petitioner.
Raza A. Khan, Deputy Attorney‑General for Respondent.
Date of hearing: 21st May, 1986.
The prosecution case against the accused‑petitioner is that on 12‑12‑1985 at about 5‑30 p.m. Pick‑up No. MRA‑3876 driven by the accused was signalled to stop by the Customs officials but instead the petitioner accelerated the speed. The vehicle was chased and forced to stop at some distance. It is alleged that one of the occupants of the pick‑up made good his escape‑whereas the petitioner who was driving the vehicle was arrested. At the instance of the petitioner 85 kilograms of smuggled Charas were recovered from the secret cavities of the pick‑up in question.
2. In support of the bail application it is contended that the petitioner besides being a minor was merely acting as a carrier and, therefore, entitled to the concession of bail particularly when the offence under section 156(1)(89) of the Customs Act, 1969 does not fall within the prohibitory clause of section 497(1), Cr.P.C. In so far as the minority of the petitioner is concerned, there is no material on the A record to support this contention. Similarly the argument that the petitioner was merely a carrier is to be ascertained after some evidence is recorded at the trial and no opinion need be expressed at this stage. The mere fact that the offence does not fall within the prohibitory clause of section 4970), Cr.P.C., would not entitle the petitioner to bail as of right. The huge quantity of Charas recovered from his possession bore the seal of a foreign country clearly showing that it was a smuggled item.
3. In the circumstances, there appears to be no good ground for releasing the petitioner on bail at this stage. The bail application is, therefore, dismissed. However, the learned Special Judge Customs may reconsider the question of bail, if applied for, on the ground of minority in case the minority was established by medical opinion which may be obtained.
S.A. Bail application dismissed
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