| Case ID |
00fe81ab-4e26-4904-a549-04535059cf1d |
| Body |
View case body. Login to View |
| Case Number |
Criminal Miscellaneous No. 446/B of 2015 |
| Decision Date |
Aug 03, 2015 |
| Hearing Date |
|
| Decision |
The Islamabad High Court granted bail to the petitioner, Ijaz Baig, who was arrested for attempting to smuggle foreign currency exceeding the prescribed limit at Benazir Bhutto International Airport. The court found that while the petitioner was apprehended with significant foreign currency, there were substantial questions regarding the circumstances of the arrest and the petitioner’s claim that he was traveling with family members who were also carrying currency. The court highlighted the necessity for further inquiry regarding whether the petitioner had properly declared the currency and whether he had crossed the Customs Counter as required by law. Given that the challan had already been submitted and the petitioner was no longer required for investigation, the court ruled that further detention was unwarranted and granted bail upon the petitioner furnishing a bond of Rs. 500,000 with two sureties. |
| Summary |
This case revolves around the legal intricacies of smuggling foreign currency out of Pakistan, focusing on the implications of the Customs Act and the Foreign Exchange Regulation Act. The petitioner, Ijaz Baig, was arrested while attempting to take foreign currency worth $50,000 and other currencies beyond the permissible limit of $10,000 per person without prior approval from the State Bank of Pakistan. The court's decision to grant bail hinged on the procedural uncertainties and the need for further inquiry into the circumstances surrounding the arrest, particularly regarding the declaration of currency at Customs. This case highlights the importance of legal representation and the complexities involved in customs regulations, making it a pivotal reference for similar cases in the future. Keywords such as 'bail', 'smuggling', 'foreign currency', 'Customs Act', and 'legal representation' are crucial for understanding the legal landscape surrounding such offenses. |
| Court |
Islamabad High Court
|
| Entities Involved |
Not available
|
| Judges |
AAMER FAROOQ, JUSTICE
|
| Lawyers |
Sheikh Muhammad Suleman,
Ch. Abdul Khaliq Thind,
Muhammad Amin Feroz Khan,
Muhammad Aslam
|
| Petitioners |
Ijaz Baig son of Riaz Baig
|
| Respondents |
THE STATE
|
| Citations |
2016 SLD 2771 = 2016 PCRLJ 98
|
| Other Citations |
Mirza Farhan Ahmed v. The State 2009 SCMR 304,
Naseer Ahmed v. The State 1998 PCr.LJ 32,
2014 PCr.LJ 1464
|
| Laws Involved |
Criminal Procedure Code,
Customs Act,
Foreign Exchange Regulation Act
|
| Sections |
497(2),
2(s),
139,
156(1)(8),
157(70),
8
|