Sheikh Saleem Ahmad and Sheikh Rehan Ahmad the petitioners, by filing Crl. Misc. Nos, 6824/B & 7341/B of 2007, respectively; seek post-arrest bail in case F.I.R. No, 5, dated 6.4.2007, registered. with Police Station I & P Branch, Directorate General Intelligence & Investigation (Customs, Excise & Sales Tax), Faisalabad for offences under. Sections 156(1), 81, 82, 89 and 178 of the Customs Act, 1969, at the instance of Muhammad Anwar, Intelligence Officer, Customs Intelligence, Faisalabad.
2. Precisely, the allegation against the petitioners, according to the F.I.R., was that they being Clearing Agents indulged in clearing smuggled auto parts in violation of the provisions of Sections 2(S), 16 of, the Customs Act, 1969.
3. The petitioner's plea for, post-arrest bail had been turned down by the learned Special Judge, Customs, Taxation & Anti-Smuggling, Lahore vide order, dated 17.9.2007. Hence, the instant petition.
4. After hearing the learned counsel for both the sides and going through the record, it has been observed that the principal accused in the case, namely, Muhammad Hussain, who is the importer of the consignment in question has been allowed bail by the learned Special Judge (Customs), Lahore vide order dated 30.4.2007. The main consideration, which prevailed with the learned Special Judge is granting bail to said Muhammad Hussain was that he had deposited an amount of Rs, 15,00,000/- in favour of Collector Customs, Faisalabad on account of customs duty and has also undertaken that if any further amount of duty is assessed against him, he would pay the same. The other plea of Muhammad Hussain that he had paid the entire custom duty to Sheikh Saleem Ahmed petitioner, who in connivance with other staff including Sheikh Rehan Ahmad (petitioner in Crl. Misc. No, 7341/B of 2007) had misappropriated the said amount also appealed to the learned trial Court. The contention of Sheikh Saleem Ahmed (petitioner in Crl. Misc. No, 68247B of 2007) that he was only an employee of the principal accused, namely, Muhammad Hussain and that after the whole matter had been exposed, Muhammad Hussain had paid partial amount of custom duty and in order to save his own skin had laid the entire blame on him, is an assertion which prima facie does make some sense and cannot be brushed aside lightly. Another important point which needs further probe is that the customs authorities do not deny that Sheikh Salem Ahmad and Sheikh Rehan Ahmed (petitioners) are not registered clearing agents. Their stance however, is that the petitioners had used permits of M/s. S. Ahsan Ali and Brothers, Customs House Agent, Karachi. Surprisingly no one from M/s. S. Ahsan Ali Brothers has been arrayed as an accused. Not only that but also their is nothing on record to indicate that anybody from the said Agency had been questioned during investigation. The offences with Which the petitioners have been charged for the time being do not attract the prohibitory clause of Section 497(1) Cr.P.C. A substantial portion of customs duty stands paid to the Department by Muhammad Hussain co- accused. It is yet to be seen as to what weight can be given to the statement of Muhammad Hussain co-accused, in which he incriminates the present petitioners, who are his co-accused.
5. The cumulative effect of what has been said above is that case of the petitioners calls for further inquiry within the meanings of subsection (2) of Section 497 Cr.P.C. Accordingly, by allowing these petitions, I admit the petitioners to post-arrest bail subject to their furnishing bail bonds in the sum of Rs, 1,00,000/- (rupees one lac) each with one surety each in the like amount to the satisfaction of the learned trial Court.