1. ' The admitted position is that the applicant is an Indian National, He was travelling by Lutfthansa Air Lines from Hong Kong to Kuwait on 29th May, 1979 and was a passenger in transit. Since there was no direct flight of Lufthansa Air Lines from Hong Kong to Kuwait, he had got down at Karachi to catch another flight by Kuwait Air Lines and he had such a confirmed seat, which document has been produced by the learned counsel for the State, as such a slip is affixed to the ticket itself. He was arrested on the same day (29th May, 1979) at the Karachi Air Port, on the charge of smuggling the contraband goods (gold ornaments studded with precious stones). The alleged offended goods had been seized and are stated to be approximately valued at Rs, 3.00,000 (Rupees thirty Lacs only).
2. ' The learned counsel Mr. Abbasi has contended that the charge of smuggling cannot be substantiated in view of the definition of smuggling under section 2 (a) of the Pakistan Customs Act. He has further contended that the applicant is a Jeweller by profession and had received an order, in compliance whereof, he was taking the jeweler, studded with precious stones and was taking it to Kuwait, for handing it over to the customers. He had further argued that the applicant did not have, even the Visa to land in Pakistan, which was necessitated because there was no direct flight available in Lufthansa Lines to Kuwait.
3. ' It is conceded by the learned State Counsel that these points are of an important nature and require further inquiry. In spite of this she has objected to the grant of bail, On perusal of the F.
1. R. And the documents produced before me, 1 think this is a fit case to allow the applicant bail, as the legal points involved, do require further inquiry and consideration to determine how far the applicant is responsible for committing the alleged offence of smuggling. He shall be released on bail on his furnishing tie surety in the sum of Its. 50,000 (Rupees fifty thousand only) and P. R. Bond in the like amount to the satisfaction of the Nazir of this Court, as he is a foreigner and would find it difficult to furnish any heavy surety which is liable to amount as punishment.
4. ' The Passport of the applicant is seized by the Customs Authorities and was given temporarily, to the learned.Counsel, Mr. Abbasi for getting the visa endorsement, as Pakistan was not entered in the Passport. Mr. Abbasi undertakes to hand over the passport to the learned counsel for the State by 17th June, 1979.