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Petitioner: MUHAMMAD TAHIR VS Respondent: THE STATE
1988 P Cr
1988 P Cr. L J 1572
[Karachi]
Before Saeeduzzaman Siddiqui, J
MUHAMMAD TAHIR--Applicant
versus
THE STATE--Respondent
Criminal Bail Application No.112 of 1981, decided on 14th December, 1987.
Criminal Procedure Code (V of 1898)--
--S. 497--Customs Act (IV of 1969), Ss.156 & 139--Bail, grant of- Nothing existing either in first information report or in Mashirnama prepared in respect of offending articles to the effect that accused was allowed any opportunity to make a declaration under S.139, Customs Act, 1969--Case of accused required further inquiry--Bail granted.
Ferozur Rehman Batla v. The State 1980 PCr.LJ 663ref.
S. Sami Ahmed for Applicant.
Akmal Wasim for the State.
Date of hearing: 14th December, 1987.
ORDER
The admitted position in the case is that the Applicant on arrival by P.I.A. Flight No. P.K. 214 on 20th November, 1987 was intercepted by the Customs Staff in the Aircraft. There is nothing, either in the F.I.R. or in the Mashirnama prepared in respect of the offending articles that the applicant was allowed any opportunity to make a declaration u/s. 139 of the Customs Act, 1969. In similar circumstances in the case of Ferozur Rehman Batla v. The State (1980 P Cr. L J 663) a learned Single, Judge of this Court granted bail to an applicant and held the case required further enquiry. I am unable to find any distinction in the above reported case and the case before me. I accordingly admit the applicant to bail in the sums of Rs. two lacs with one surety and PR in the like amount to the satisfaction of the trial Court.
M.Y.H./M-449/k Bail granted.