DIRECTOR, DIRECTORATE GENERAL INTELLIGENCE AND INVESTIGATION-FBR ENFORCEMENT (CUSTOMS), KARACHI vs SHAUKAT ALI

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DIRECTOR, DIRECTORATE GENERAL INTELLIGENCE AND INVESTIGATION-FBR ENFORCEMENT (CUSTOMS), KARACHI VS SHAUKAT ALI NADEEM S. 497(5)---Customs act (IV of 1969), Ss. 156(1)(14) & 156(1)(14-a)---Mis-declaration--- Cancellation of bail---Scope---accused persons were alleged to have evaded huge amount of duty and taxes through submission of fabricated invoices, however, they were enlarged on bail by the Trial Court---Remote possibilities, as contended by the prosecution, came under deeper appreciation of evidence as such the same could not be considered either at the time of granting bail or otherwise---Exoneration after adjudication in respect of alleged tax evasion had created a doubt regarding the prosecution case and the benefit of doubt went in favour of the accused even at the bail stage---Case against accused persons was based on documentary evidence and/or the deposition of official witnesses, there-fore, there was no chance of tampering with the prosecution evidence---applications for cancellation of bail were dismissed, in circumstances.

DIRECTOR, DIRECTORATE GENERAL INTELLIGENCE AND INVESTIGATION-FBR ENFORCEMENT (CUSTOMS), KARACHI vs SHAUKAT ALI NADEEM S — 2022 YLRN 196 KARACHI-HIGH-COURT-SINDH

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Judgment text as reported