IMRAN HUSSAIN vs State S — 2022 MLD 454 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2022 MLD 454 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2022
Reporter: MLD
Parties: IMRAN HUSSAIN vs State S
Subject matter: Criminal
Provisions referred to: S. 497---C

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

IMRAN HUSSAIN VS State S.497---Customs act (IV of 1969), Ss. 2(s), 16, 139, 156(1)(8), 156(1)(70), 157 & 178---Smuggling---Declaration by passenger or crew of baggage---Punishment of persons accompanying a person possessing goods liable to confiscation---Bail, grant of---Scope---Prosecution case was that the accused persons were taken into custody by the immigration and customs staff at International airport on their arrival and that they in their baggage were carrying smuggled items---No bag tag as well as information qua the subject bags' booking in the name of accused persons was available on record---Investigation agency could not take into possession CCTV footage or video from the system installed at the airport to prove recovery of baggage from accused persons' possession---Value of the items recovered was assessed at Rs.32,000,000/- approximately but the Investigating Officer had remained unable to point out the availability or reference of method/formula or any document according to which the value was determined prior to registration of the case---Even name of the person who had assessed the goods' value for the complainant was not given in the file while said aspect of the case was very much relevant with regard to quantum of sentence of imprisonment provided by different provisions of Customs act, 1969---Case of accused persons was one of further inquiry into their guilt entitling them to the grant of post-arrest bail---Bail was allowed, in circumstances.

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