ABDUL HAMEED vs STATE
This matter concerns a petition for post-arrest bail filed by the petitioner, Abdul Hameed, who was charged with attempting to smuggle Pakistani currency notes totaling Rs. 1,48,500 while departing for abroad. The core legal question was whether the petitioner, found in possession of the currency at the airport, was entitled to bail pending trial given the nature of the offense and the circumstances of the recovery. The Court held that the petitioner's defense—that he was unaware of the prohibition on carrying Pakistani currency and that his intent to smuggle was questionable given the ease of currency conversion—raised issues requiring further inquiry. Furthermore, noting the petitioner's lack of criminal record and his status as a laborer seeking employment, the Court determined that his continued incarceration would serve no useful purpose. Consequently, the Court admitted the petitioner to post-arrest bail, holding that the case fell within the scope of 'further inquiry' under the relevant provisions of the Code of Criminal Procedure, 1898.
- Does the possession of Pakistani currency by a departing passenger, without clear evidence of smuggling intent, constitute a case for further inquiry under Section 497(2) of the Code of Criminal Procedure 1898?
- Can the lack of a prior criminal record and the socio-economic status of an accused be considered as factors for granting post-arrest bail?
- Section 2(s), Customs Act 1969
- Section 16, Customs Act 1969
- Section 139, Customs Act 1969
- Section 156(1)(8), Customs Act 1969
- Section 156(1)(70), Customs Act 1969
- Section 497(2), Code of Criminal Procedure 1898
ORDER
The petitioner, namely, Abdul Hameed son of Muhammad Sadiq, by filing the instant petition seeks post-arrest bail in case F.I.R. No, 58, dated 7.8.2007, registered with Police Station I & P Cell, Collectorate of Customs, Lahore for offences under Sections 2(s), 16, 139, 156 (1)(8)(70) of the Customs Act, 1969, at the instance of Fiazullah, Inspector Customs, Traffic Section, Allama Iqbal International Airport, Lahore.
2. Precisely the allegation against the petitioner, according to the F.I.R. was that on 7.8.2007, about 11.30 a.m., he while going abroad was searched at the Search Counter and during the course whereof by the ASF Staff, Pakistani Currency notes of Rs, 1,48,500/- stood recovered from the pocket of his shalwar.
3. The petitioner's plea for post-arrest bail had been turned down by the learned Special Judge, Customs, Taxation and Anti Smuggling, Lahore vide order, dated 5.9.2007. Hence, the instant petition.
4. After hearing the learned counsel for both the sides, it, has been observed that the allegation brought against the petitioner was that he intended to smuggle Pakistani Currency Notes of different denomination totalling Rs, 1,48,500/- while going abroad. The contention of the learned counsel for the petitioner that since a passenger could legitimately carry foreign currency to the tune of 10,000 US$, the petitioner was under the impression that taking out of Pakistani Currency was also not prohibited, cannot be summarily brushed aside. The other argument of the learned counsel that if the petitioner had any intention of smuggling Pakistani currency out of Pakistan, he could easily have converted the same into US$ and on reaching his destination could have got the same converted into Pakistani currency needs further inquiry during the course of trial of the case.
The petitioner does not possess any previous record and appears to be a labourer, who was going abroad for the purpose of finding some employment. Keeping him behind the bars indefinitely will not serve any useful purposes, moreso when his case as already observed elsewhere calls for further probe within the meaning of sub-section (2) of Section 497 Cr.P.C.
5. Resultantly, I allow this petition and admit the petitioner to post-arrest bail subject to his furnishing bail bond in the sum of Rs, 1,00,000/- (Rupees one lac) with one surety in the like amount to the satisfaction of the learned trial Court.