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RAZZAK BABA versus THE STATE


Criminal Code of Conduct (CR PC) Section 497 (2) Customs Act (IV 1969), Section 156 (1) (8) bail, FIR grant was delayed more than 13 months and prosecution case against the accused. No direct evidence was found. The investigation was based on collected documents and whose accuracy was to be established at the time of the trial after recording of the evidence, no smuggled goods were recovered. The alleged smuggled goods were of the normal sample. Which was readily available in the open market. The accused was admitted by the High Court for a regular hearing. The accused was in custody for almost eleven months and his case was not yet tried. A co-accused was earlier granted bail by the High Court and the other accused was the accused. The fugitive was exposed as he was entitled to release on bail, being one of the investigators of the accused, the Prime Minister, through Section 497 (2), CRPC, and the accused was allowed bail under it. ?

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