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DAD KHAN vs State S — 2022 PCrLJ 1371 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2022 PCrLJ 1371 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2022
Reporter
PCRLJ
Parties
DAD KHAN vs State S
Subject matter
Criminal
Provisions referred to
S. 497---C; S. 497

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

DAD KHAN VS State S. 497---Customs act (IV of 1969), Ss. 2(s), 16, 156(1)(77), 156(1)(85), 156(1)(89), 156(1)(92), 157 & 187---Smuggling, assault on customs official, carrying smuggled goods and intimidating customs officials---Bail, refusal of---Desperate conduct---Scope---allegation against accused was that when the trailer loaded with container of smuggled goods was signaled to stop, he along with co-accused while armed with their respective weapons came at the spot, attacked the customs staff, started firing to snatch the container and during scuffle an Intelligence Customs Officer was injured---Held; though the offences punishable under the Customs act, 1969 with which the accused was charged did not fall within the prohibitory clause of S. 497, Cr.P.C. and in such like cases, grant of bail was a rule, yet there were exceptional circumstances available in the case---Violent, aggressive and desperate purported conduct of the accused disentitled him to the grant of post-arrest bail---No mala fide on the part of the complainant, the recovery witnesses and the injured Customs Intelligence Officer could be surfaced during the arguments---Petition for grant of bail was dismissed, in circumstances.

Other judgments reported in 2022 PCRLJ

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