MUHAMMAD TAHIR Versus THE STATE

ORDER

1. The admitted position in the case is that the Applicant on arrival by P.I.A. Flight No. P.K. 214 on 20th November, 1987 was intercepted by the Customs Staff in the Aircraft. There is nothing, either in the F.I.R. or in the Mashirnama prepared in respect of the offending articles that the applicant was allowed any opportunity to make a declaration u/s. 139 of the Customs Act, 1969. In similar circumstances in the case of Ferozur Rehman Batla v. The State (1980 P Cr. L J 663) a learned Single, Judge of this Court granted bail to an applicant and held the case required further enquiry. I am unable to find any distinction in the above reported case and the case before me. I accordingly admit the applicant to bail in the sums of Rs. two lacs with one surety and PR in the like amount to the satisfaction of the trial Court.

2. M.Y.H./M-449/k Bail granted.