QADIR Versus STATE

ORDER

1. The case of prosecution, in brief, is that on 28-3-1992 complainant Samar Hussain, Preventive Custom Officer,. Karachi, lodged F.I.R. at A.S.O. Head Quarters, N.M.B. Wharf, Karachi, under section 156(1) read with section ' 178 of the Custom Act, 1969, stating therein that a launch named `Al-Hashmi', was intercepted on 25-3-1992 at 11 a.m. at 235 miles West of Karachi in the coastal area, and was found containing goods, such as, perfumes, Video Cassettes, Cosmetics, Radio Corders and other miscellaneous goods, all worth Rs.27,70,760. C.F. value of said goods, however, was found Rs.11,00,000 only. The launch was intercepted by joint operation of Customs and M.SA. (Maritime Security Agency) Staffs. The applicants who were in said launch, were taken into custody. Applicants Qadir and Sharbaat, who attempted to escape on a speed boat were injured. On completion of investigation, interim charge-sheet was submitted before Special Judge (Customs and Taxation), Karachi.

2. The applicants applied for bail before said Special Judge and their bail application was rejected, as per order, dated 7-6-1992.

3. It is contended on behalf of the applicants that said launch was intercepted at international sea route, and as such, its seizure and all subsequent actions taken thereafter, are illegal, unlawful and without jurisdiction. Learned counsel for the, applicants referred to the section 2 of the Territorial Waters and Maritime Zones Act, 1976. According to this section the limits of the territorial water of Pakistan is 12 Nautical miles beyond the land territory and internal water of Pakistan measured from the base line. Learned counsel submitted that if 235 miles are measured from base line towards international sea route, then the place of interception of the launch would fall in the area of the international-waters, and if aforesaid miles from base line are measured towards coastal area of Balochistan, then the place of interception, though may be in Pakistan, but it would certainly fall within the jurisdiction of Balochistan. Mr. Ikram Ahmed Ansari, learned counsel for the State, submitted that place of interception of said launch may be within the territorial jurisdiction of Balochistan, but the Customs Court, Karachi has also jurisdiction in the matter. He, however, conceded that the custom cases of Balochistan jurisdiction are tried in Balochistan. Under the circumstances, the case fall within the scope of further inquiry with regard to the territorial jurisdiction of the Court.

4. Mr. Ilam Din Khattak also argued that there is a delay of three days in lodging the F.I.R. and the same has not been satisfactorily explained. In F.I.R. an attempt has been made to explain this delay by stating that the -speed of the launch was slow, as such, it took time to reach Karachi. The actual speed of said launch is neither mentioned in the F.I.R. and nor during the course of argument this point was touched by the learned State counsel. So, prima facie, the explanation offered for the delay is not satisfactory.

5. Accordingly, bail is granted to the all applicants in the sum of Rs.1,00,000 (one lac) and P.R. Bond in the like amount for each to the' satisfaction of the trial Court.

6. N.H.Q./Q-89/K

7. Bail allowed.