| Case ID |
31ad0ca7-9756-485f-9882-a6366b4eb7fc |
| Body |
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| Case Number |
Special Criminal Bail Application No. 27 of 1979 |
| Decision Date |
Oct 03, 1979 |
| Hearing Date |
|
| Decision |
The Sindh High Court granted bail to the applicant, Ferozur Rahman, who was accused of possessing contraband goods upon arrival at Karachi Airport. The court noted that the applicant intended to make a true declaration under section 139 of the Customs Act and had a bona fide reason for bringing the goods to Pakistan. The prosecution's evidence was deemed insufficient to establish guilt at this stage, and the court emphasized the need for further inquiry into the circumstances surrounding the case. The decision also highlighted the importance of allowing passengers the opportunity to declare their goods properly before assuming criminal intent. Bail was granted considering the applicant's explanation and the lack of clear evidence of wrongdoing. |
| Summary |
In the case of Special Criminal Bail Application No. 27 of 1979, the Sindh High Court addressed the issue of a passenger, Ferozur Rahman, accused of smuggling contraband goods into Pakistan upon arrival from Hong Kong. The applicant was detained by Customs officials at Karachi Airport, where his luggage was seized, revealing a significant amount of contraband, including wristwatches and artificial jewellery. The applicant's counsel argued that he intended to make a proper declaration under the Customs Act and had no malicious intent. The court found that the mere presence of dutiable goods did not constitute an offence if the passenger had made an appropriate declaration. The judgement underscored the necessity for a thorough examination of the facts surrounding the case and the rights of passengers to declare their goods. This decision is significant for legal practitioners focusing on customs law and highlights the balance between law enforcement and individual rights in the context of international travel. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
Zafar Hussain Mirza
|
| Lawyers |
Muhammad Hayat Junejo
|
| Petitioners |
Ferozur Rahman Batla
|
| Respondents |
The State
|
| Citations |
1980 SLD 131 = 1980 PCRLJ 663
|
| Other Citations |
Not available
|
| Laws Involved |
Customs Act, 1969,
Criminal Procedure Code, 1898
|
| Sections |
139,
142,
156 (1), (8),
497
|