ZAFARAN Versus THE STATE

1. A Toyota Pick-up No. PRF-6494 being driven by Tahir Khan accused-petitioner accompanied by Zafaran co-accused was intercepted by the Customs officials on G.T. Road near Khair Abad. On search of the vehicle, two sculptures allegedly belonging to Budhast Art of Gandhara were recovered. From recovery memo. it appears that the value of the articles had not been assessed, thererfore, it is contended that the offence would fall within the meaning of section 156(1)(89) of the Customs Act, 1969. Besides it is contended that the offence under the Antiques Act, 1975 is punishable with three years imprisonment or fine and, therefore, would not fall within the prohibitory clause of section 497(1), Cr.P.C. It is also contended that the investigation is complete and the accused-petitioners are no more required by the Investigating Agency. In view of the submissions of the learned counsel and without expressing any opinion on the merits of the case, the bail application is allowed. However, the learned counsel for the State contends that the petitioners being Afghan refugees, there is likelihood of their abscondence and, therefore, they may be directed to produce local sureties. The accused-petitioners are admitted to bail in the sum of Rs.50,000 with two sureties each in the like amount to the satisfaction. of the learned Special Judge Customs. The sureties shall be men of means and belong to the settled area.

2. M.Y.H./577/P Bail granted.