MUHAMMAD RAFIQUE vs THE STATE
This matter concerns a petition for confirmation of pre-arrest bail in a criminal case registered under the Customs Act, 1969. The petitioner was accused of involvement in a fraudulent scheme to obtain excess rebate cheques in collusion with treasury officials and bank staff, causing significant financial loss to the government exchequer. The core legal question before the Court was whether the petitioner remained entitled to pre-arrest bail after the investigation had concluded and the challan had been submitted to the trial court. The Court held that since the investigation was complete and the challan had been submitted, the petitioner was no longer required for investigative purposes. Consequently, the Court confirmed the ad interim pre-arrest bail previously granted. The key principle laid down is that where an investigation has concluded and the challan has been submitted to the trial court, the continued custody of an accused for the purpose of investigation serves no useful purpose, thereby justifying the confirmation of pre-arrest bail.
- Is an accused entitled to confirmation of pre-arrest bail once the investigation is complete and the challan has been submitted to the trial court?
- Does the submission of a challan to the trial court render the further custody of an accused for investigative purposes unnecessary?
- Section 21, Customs Act 1969
- Section 26, Customs Act 1969
- Section 32, Customs Act 1969
- Section 32-A, Customs Act 1969
- Section 39, Customs Act 1969
- Section 156(1), Customs Act 1969
- Section 156(11), Customs Act 1969
- Section 156(12), Customs Act 1969
- Section 156(14), Customs Act 1969
- Section 156(14-A), Customs Act 1969
- Section 156(17), Customs Act 1969
- Section 156(77), Customs Act 1969
- Section 156(82), Customs Act 1969
- Section 185A, Customs Act 1969
ORDER
' MIAN MUHAMMAD. NAJAM-UZ-ZAMAN, J.--- Seeks pre-arrest bail in case F.I.R. No,13 of 2005, dated 6-1-2005 for the offence under sections 21, 26, 32, 32-A, 39, read with S.R.O. 414(1) of 2001 punishable under section 156(1), (11), (12), (14), (14-A), (17), (77) and (82) of Customs Act, 1969 registered at Police Station P&I Branch, Sambrial.
2. The contents of the said F.I.R. Read as under:-- "Consequent upon receipt of a credible information from Collector Customs, Sambrial, Sialkot that Messrs T.Q. Plus, Model Town, Uggoki Sialkot in connivance with Chief Accounts Officer/Accounts Officer and other officials of Treasury Branch, responsible for preparing rebate cheques, had been obtaining rebate cheques fraudulently."
' 2-A. A preliminary inquiry was conducted which revealed that during the period July, 2002 the said exporter in connivance with the Chief Accounts Officer/Accounts Officer got issued rebate cheques fraudulently, aided by the treasury staff who prepared the said cheques, in favour of Messrs T.Q.
Plus, Model Town Uggoki, Sialkot. Consequently, relevant record in the shape of registers from rebate claim receipt counters at Dry Port premises and G.P.O., Sialkot, sectorwise rebate registers from rebate section and counterfoils of rebate cheques issued in favour of above said exporter, were recovered from the office of Chief Accounts Officer/Accounts Officer under proper recovery memo. A seizure memo. Of the above mentioned record was prepared as required under the law on the spot in the presence of witnesses.
3. Preliminary inquiry further revealed that Messrs T.Q. Plus Model Town, Uggoki, Sialkot filed two rebate claims during the period July, 2002 which were sanctioned. But the said exporter with the collusion of Chief Accounts Officer/Accounts Officer and officials of Treasury Branch increased the amount on the cheques to the tune of million from the actual/admissible amount of rebate claim and later on managed its encashment with collusion of officers/officials of Messrs Allied Bank of Pakistan Limited, Khalid Ali Road, Sialkot causing huge revenue loss to the Government exchequer through fraudulent means. Details are as under:-- (Amount in Pak Rupees)
S. No, Cheque No, and DateAmount of Rebate Claim actual filed by the exporterAmount of rebate' withdrawn FraudulentlyExcess rebate/loss to exchequer 1 220090/3-7- 2002Rs.36,627 Rs.8,36,627 Rs.8,00,000 2 225719/4-7- 2002Rs.8,875 Rs.5,98,875 Rs.5,90,000 Total Rs.45,502 Rs.14,35,502 Rs.13,90,000
4. It is evident that above said accused persons have committed offence under sections 21, 26, 32, 32-A and 39 read with S.R.O. 414(1)/2001, dated 18-6-2001, punishable under section 156(1)(11), (12), (14), (14A), (17), (77) and (82) of the Customs Act, 1969. Accordingly a criminal case against above mentioned accused persons is being registered under section 185A of the Customs Act, 1969 for investigation.
5. Admittedly after the investigation challan in the said case has already been submitted before the trial Court where the matter is ripe for its trial and petitioner is no more required for any further investigation. Thus, handing over the custody of the petitioner to the investigating agency would not serve any purpose. Accordingly this petition is allowed and ad interim pre-arrest bail already granted to the petitioner vide order, dated 27-11-2006 stands confirmed against the same surety bonds.