2026 MLD 172

Mohib Ali Versus State

Citation2026 MLD 172

CourtPeshawar High Court

Judge(s)Ijaz Anwar

Ijaz Anwar, J .--- Through this bail application, accused-petitioner Mohib Ali son of Shah Ali seeks his release on bail in case FIR No. 55 dated 27.09.2022 under Sections 2(s), 15, 16, 139 and 157 of the Customs Act, 1969, read with Section 3(1) of the Import and Export Trade Control Act, 1950 punishable under section 156(1)(89) of the Customs Act, 1969 and Section 3(3) of the Import and Export Trade (Control) Act, 1950 read with baggage rules SRO 666 (I)/2006 dated 28.6.2006 of Police Station Investigation and Prosecution Branch, Collectorate of Customs (Enforcement), Customs House, Peshawar.

2. According to the contents of FIR, accused petitioner was arrested at Bacha Khan International Airport and recovery of fake foreign currency i.e. 10050/- Omani Riyal was effected from his bag which he was trying to smuggle from Peshawar to Sharjah.

3. Arguments of learned counsel for the parties heard and record perused.

4. Perusal of record would depict that neither the detail i.e. number of each fake currency note is mentioned in the FIR or recovery memo. nor the photo copies of the notes have been placed on record. Similarly, there is no report of the currency officer/expert to support the prosecution allegation. Except section 8, other sections of law with which the accused petitoner is charged are either bailable or merely entail punishment of fine. In his statement recorded before the Customs Officer, accused petitioner has denied ownership of the currency and stated that the bag containing currency was handed over to him by his relative namely Adnan, however, he never stated that he knew the currency was fake or was aware of the fact that taking foreign currency abroad is a crime. Therefore, accused petitioner, at the most is carrier of the currency as such liable for the offence punishable under section 156(1)(89) of the Customs Act, carrying imprisonment for six years which does not fall within the ambit of prohibitory clause of section 497, Cr.P.C. Reference can be made to the case of "Fateh Ali and another v. The State" (1993 PCr.LJ 1124 (Karachi). In the circumstances, accused petitioner has made out a case for the grant of bail. The instant bail application is, thus, allowed.

5. These are the reasons for my short order even dated which is reproduced below:"

Through this bail application, accused-petitioner Mohib Ali son of Shad Ali seeks his release on bail in case FIR No. 55 dated 27.09.2022 under Section 2(s), 15, 16, 139 and 157 of the Customs Act, 1969, read with Section 3(1) of the Import and Export Trade Control Act, 1950 punishable under section 156(1)(89) of the Customs Act, 1969 and Section 3(3) of the Import and Export Trade (Control) Act, 1950 read with baggage rules SRO 666 (I)/2006 dated 28.6.2006 of Police Station Investigation and Prosecution Branch, Collectorate of Customs (Enforcement), Customs House, Peshawar.

For the reasons to be recorded later, this bail application is allowed and the accused petitioner is admitted to bail provided he furnishes bail bonds in the sum of Rs.200,000/- with two sureties each in the like amount to the satisfaction of trial Court, which shall ensure that the sureties are local, reliable and men of means."

JK/172/P Application allowed.