| Case ID |
2e20bb5e-27d4-4d5d-99ae-5cd96f781eec |
| Body |
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| Case Number |
Criminal Miscellaneous No. 201 of 2018 |
| Decision Date |
Nov 19, 2018 |
| Hearing Date |
Nov 12, 2018 |
| Decision |
The petitioner Wang Xing was granted bail on the grounds of further inquiry as per Section 497(2) of the Criminal Procedure Code. The court noted that although the petitioner was managing director of the company involved in the import of contraband liquor, the evidence presented did not conclusively establish his conscious involvement in the crime. The court emphasized that the trial has yet to take place and any deeper analysis of the evidence could prejudice the case. The absence of a mandatory notice under Section 171 of the Customs Act prior to the lodging of the FIR was also a significant factor in the decision to grant bail. The petitioner was required to furnish bail bonds of Rs. 20,00,000 with two local sureties. |
| Summary |
This case involves Wang Xing, Managing Director of Shentong International Trading Company, who was arrested for importing contraband liquor concealed within a consignment. The court examined the legality of his arrest and the issuance of notices under the Customs Act. The decision to grant bail was based on the need for further inquiry into the allegations against him, considering the complexities of corporate responsibility in contraband cases. The court ruled that the lack of a prior mandatory notice before the FIR was a crucial procedural error. The case highlights issues surrounding the interpretation of laws related to imports and exports, as well as the responsibilities of company directors in ensuring compliance with customs regulations. The ruling emphasizes the importance of procedural correctness in criminal proceedings, particularly in cases involving potential corporate malfeasance. |
| Court |
High Court
|
| Entities Involved |
Shentong International Trading Company,
Customs Department SRDP SOST
|
| Judges |
MALIK HAQ NAWAZ,
ALI BAIG
|
| Lawyers |
Raja Shakeel Ahmed,
Dy. Advocate General,
Syed Riaz Kazmi
|
| Petitioners |
WANG XING
|
| Respondents |
THE STATE THROUGH CUSTOMS DEPARTMENT SRDP SOST
|
| Citations |
2019 SLD 1656,
2019 MLD 1252
|
| Other Citations |
PLD 2008 SC 438,
1988 PCr.LJ 1349,
1988 PCr.LJ 2154,
1988 PCr.LJ 1445
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Imports and Exports (Control) Act, 1950,
Customs Act, 1969
|
| Sections |
497,
497(2),
2(s),
3(1),
3(3),
16,
32,
79,
80,
8,
9,
14,
44,
45,
156(1),
171,
177
|