GHULAM HUSSAIN RAMZAN ALI Versus THE STATE

ORDER

1. The applicant who is admittedly an Iranian National and was arrested at the Karachi Airport while in transit has applied for grant of bail in a case which is registered against him under section 156(1)(8) of the Customs Act. From the F.I.R. and from the other documents it is clearly established that the applicant had no visa for Pakistan and that at the time of his arrest even his passport was not in his possession which was taken over by the Immigration Authorities on his landing at the Karachi Airport as he was a transit passenger. The allegation against him in the F.I.R. is that upon search of his personal baggage 850 Tolas of gold bars were recovered from his possession. Learned counsel for the applicant contends that in view of the fact that the applicant was only a transit passenger and had no visa for Pakistan the provisions of section 2(a) of the Customs Act would not apply to him and there is no question of applicant attempting to enter Pakistan in such circumstances. It is also contended by the learned counsel that in view of the definition of a transit as given in the Black's Law Dictionary at page 1343 the entire journey of applicant including the period of break transit at Karachi will be deemed to be a single journey and as such there was no question of any smuggling or attempt of smuggling on the part of the applicant in the circumstances of the case. In support of his contentions learned counsel has placed reliance on the case of Butani Papy Udharam v. The State 1980 P Cr. L J 242, the contentions raised by the learned counsel are fully supported by case noted above and I am in full agreement with the view expressed therein. The circumstances of the case do show that the case of the applicant at this stage needs further enquiry and I accordingly admit him to bail in the sum' o: Rs. four lacs with one surety and F.R. in the like amount to the satisfaction of the Nazir of this Court.

2. S.A./G-55/K Bail granted.