Mohib Ali vs State S — 2026 MLD 172 PESHAWAR-HIGH-COURT

Case information

Citation: 2026 MLD 172 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2026
Reporter: MLD
Parties: Mohib Ali vs State S
Subject matter: Criminal
Provisions referred to: S. 497---C; S. 3; S. 8; S. 156; 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

Mohib Ali VS State S. 497---Customs act (IV of 1969), Ss. 2(s), 15, 16, 139, 156(1)(89), & 157---Imports and Exports (Control) act (XXXIX of 1950), S. 3(1)---Smuggling of fake foreign currency---Bail, grant of---allegations against the accused-petitioner were that he tried to smuggle fake foreign currency---Perusal of record would depict that neither the detail i.e. number of each fake currency note was mentioned in the FIR or recovery memo nor the photo copies of the notes had been placed on record---Similarly, there was no report of the Currency Officer/Expert to support the prosecution allegation---Except S.8 of Customs act, other Ss.of law with which accused-petitioner was charged were either bailable or merely entailed punishment of fine---In his statement recorded before the Customs Officer, accused-petitioner had denied ownership of the currency and stated that the bag containing currency was handed over to him by his relative, however, he never stated that he knew the currency was fake or was aware of the fact that taking foreign currency abroad was a crime---Therefore, accused-petitioner at the most was carrier of the currency as such liable for the offence punishable under S.156 (1) (89) of the Customs act, carrying imprisonment for six years, which did not fall within the ambit of prohibitory clause of S.497, Cr.P.C.---accused-petitioner had made out a case for the grant of bail---Bail application was allowed, in circumstances.

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