MUHAMMAD IMRAN Versus THE STATE

ORDER

Muhammad Imran son of Mehr Din seeks bail in case F.I.R. No.42/94, dated 17-3-1994 under section 156(1)(8) of Customs Act, 1969 Police Station F.IA. Passport Cell, Lahore.

2. The prosecution case in brief is that on receipt of a secret information, the F.IA. Authorities had formed a raiding party and saw the petitioner throwing bundles containing bottles of Acetic Any-hydride weighing 90 kilograms,. They apprehended the petitioner on the spot. The petitioner made a disclosure to them that the chemical in question had been delivered to him at Railway Station, Attari for passing it on to one Humayun at Lahore Railway Station.

3. Bail is sought on the grounds that the case is based on false allegations and that if as per disclosure of the petitioner as mentioned in the F.I.R. the chemical in question was to be delivered to Humayun at Lahore Railway Station, there was no occasion for throwing away the chemical on way to the Railway Station. He further states that in order to aggravate the matter, the F.I.A. Authorities who had absolutely no jurisdiction in the Customs Zone to apprehend the petitioner, have alleged that the said chemical was to be used for the preparation of heroin although it is used in many other ways. According to him, if at all the F.I.A. Authorities had come to know of the matter, they were required to bring it to the notice of the Customs Authorities under section 192, Customs Act, 1969.

4. At worst the petitioner is said to be a carrier as per allegations as contained in the F.I.R., it is maintained. Learned counsel further states that A offence in question does not fall within the prohibitory clause of section 497(1), Cr.P.C.

5. The petitioner has been sent to the judicial lock-up being not required for the purpose of investigation and recovery has also been effected.

In view of -the assertions made by the learned counsel for the 13 petitioner, it appears to be a fit case of bail. Accordingly, I admit the petitioner to bail in the sum of Rs.2,00,000 (Rupees two lac only) with two sureties in the like amount to the satisfaction of learned trial Court.

N.H.Q./M-1930/L Bail allowed.