FAISAL and others vs THE STATE
This matter arises from a post-arrest bail application filed by the applicants under Section 497 of the Code of Criminal Procedure 1898 read with Section 185-F of the Customs Act 1969, facing charges under Section 2(s) and Section 157(2), punishable under clause (8) of Section 156(1) of the Customs Act 1969, in respect of an alleged attempt to smuggle a large quantity of foreign liquor via a launch. The core legal question is whether the crew members found present on a launch laden with smuggled contraband are entitled to the concession of post-arrest bail. The High Court held that the applicants were caught red-handed with a huge quantity of foreign liquor, sufficient material connected them to the offence, and their presence on the launch was undisputed, thereby rendering them disentitled to bail. The court dismissed the bail application while directing the trial court to expedite the proceedings within six months.
- Are crew members found on a launch carrying smuggled contraband entitled to post-arrest bail?
- Whether the recovery of a large quantity of smuggled liquor from a vessel constitutes sufficient material to deny bail to those present on board?
- Section 497, Code of Criminal Procedure 1898
- Section 185-F, Customs Act 1969
- Section 2(s), Customs Act 1969
- Section 157(2), Customs Act 1969
- Section 156(1), Customs Act 1969
ORDER
1. ' MRS. QAISAR IQBAL, J.---Applicants applied for bail under section 497, Cr.P.C. Read with section 185-F of Customs Act, 1969, in F.I,R. No.ASO-42 of 2006 under section 2(s) read with section 157(2), punishable under clause (8) of section 156(1) of Customs Act, 1969.
2. ' Precisely the facts leading to the case are that the applicants were arrested by Anti-Smuggling Organization N.M.B. 'Wharf, upon receipt of a credible information that an attempt was made to smuggle huge quantity of contraband liquor from Gulf States by a launch owned by Doshambay son of Essa, on the intervening night of 17th and 18th May 2006, while proceeding towards coastal line a launch was intercepted in collusion with officials of Maritime Security Agency, the applicants were in the Crew, heading towards the coastal line on the west of Karachi Port, the contraband items were secured in the presence of Mashirs Azhar Malik and Abdul Rahim Khan, the launch was found loaded with 22,464 bottles (including 362 broken) of foreign origin assorted brand sizes mid 660 tins (cans) of foreign origin assorted brand Beer. From the examination of P.C. Book it was revealed that last port clearance of the launch was obtained from Customs of Gawadar on 22-4- 2006 for two days to proceed Jewani.
3. ' Mr. Khawaja P. Mustafa, learned counsel for the applicants states that the applicants were labourers and members of the crew of the launch, they were not beneficiary of the stuff loaded and upon the completion of the investigation no more required for the purpose of the investigation of the case, it is urged that despite of the persistent effort the real beneficiary could not be arrested.
4. ' Mr. Mahmood A. Rizvi, learned State counsel has opposed the application contending that the applicants were caught red handed in the waters of the sea along with large quantity of foreign liquor worth Rs.2,21,35,000.
5. ' I have considered the arguments advanced at bar.
6. ' The applicants are in custody from the last six months without trial, the recovery has been effected, beneficiary of this smuggled goods connected in the commission of crime have not been arrested so far by the investigating agency. Learned counsel for the applicant has relied upon unreported case bearing Special Criminal Bail Application No.75 of 2005 as is altogether on different footings as the accused were handed over to the officials of Maritime Security Agency by Navy and then were delivered to Customs Authorities along with huge quantity of foreign liquor, but in the present case, the applicants were arrested along with the huge quantity of liquor from.The launch, in fact the licence was obtained for the purpose of fishing but it was used for smuggling. No other passenger was available in the launch except the crew, sufficient material is available against the applicants to connect them in alleged offence of smuggling of liquor, their presence at launch has not been denied, liquor was seized after complying all legal formalities.
7. ' In view of the above facts and circumstances, I am of the view that the applicants are not entitled to the concession of bail. However, trial Court is directed to expedite the case, against the applicants and conclude the same within six months failing which the applicants shall be at liberty to repeat the bail application.