' M. BILAL KHAN, J.---Rana Abdul Ahad son of Rana Muhammad Khalid, the petitioner seeks post- arrest bail in case F.I.R. No.20 of 2007, dated 12-9-2007 registered with Police Station I & P 'Branch, Directorate General Intelligence and Investigation FBR, Faisalabad for offences under section 156(1)
(9)(14)(14-A)(77)(81)(82) read with sections 32, 32-A, 83.And 178 of the Customs Act, 1969.
2. Briefly stated the facts of the prosecution case are that the Director Intelligente and Investigation FBR Lahore had received information through reliable sources that some importers and clearing agents in collusion with customs staff had deprived government of its due revenue and that they had misappropriated tax amounts. On the basis of said information an investigating team had been constituted by Deputy Director Faisalabad. The said investigating team on preliminary checking , found some tampering with the record/bill of entry No.245, dated 5-6-2006 and GD No.570, dated 22-8-2006. The said team had come to the conclusion that by the aforesaid manipulation the government had been deprived of its revenue amounting to Rs.7,53,056. Hence the instant case.
3. The petitioner was arrested along with his co-accused on 12-9-2007. His co-accused namely Bashir Ahmed Zafar and Masood Afzal Khan Lodhi Principal Appraisers of Customs Department, however, managed to obtain pre-arrest bail in the case.
4. The petitioner's plea for post-arrest bail did not find favour with the learned Special Judge Customs Lahore, who turned down his bail application. Hence the instant petition.
5. I have heard Mian Abdul Ghaffar, the learned counsel for the petitioner, Mr. Muhammad Khalid Chaudhry, Legal Advisor to Customs Department and have peruse the record brought by Muhammad Anwar Inspector/Intelligence Officer, I & P Cell, Directorate General Intelligence and Investigation FBR, Faisalabad.
6. It has not been denied by the Customs Department that out of the total revenue loss of Rs.7,53,056 Rs.6,13,000 have been deposited by the importer. Out of the remaining amount of Rs.1,40,000 the petitioner on the last date of hearing had expressed his willingness to deposit 50% which comes to Rs.70,000 under protest in the government treasury which would be subject to final adjudication by the department. He further stated that deposit of the said amount will not be construed as an admission on his part or acknowledgement of his guilt or liability.
7. The learned counsel for the petitioner has produced pay order issued by National Bank of Pakistan Jinnah Hall Branch, Lahore in favour of Collector Customs, Faisalabad and the same has been handed over to the learned counsel for the Customs Department. It is on the record that the co-accused of the petitioner, who have- been named hereinabove have since been granted pre- arrest bail. The petitioner claims to be an employee of the Customs Clearing Agent and reportedly in the adjudication proceedings, he has been declared to be innocent, however, the department has filed a revision petition against the said adjudication.
8. Be that as it may, in view of the peculiar facts and circumstances of the case especially the deposit of 50% of remaining amount the case of the petitioner has been rendered one of further inquiry within the meanings of subsection(2) of section 497, Cr.P.C.
9. Resultantly, this petition is allowed and the petitioner is admitted to post-arrest bail subject to his furnishing bail bond in the sum of Rs.1,00,000 (one lac) with one surety in the like amount to the satisfaction Deputy Registrar (Judicial) of this Court.