RUSTAM S. SIDHWA, This is a petition under section 497 Criminal Procedure Code by Abdul Sattar, petitioner, for bail in respect of a case instituted against him and three others under section 156 (1)
8/89/92 read with section 178 of the Customs Act, 1969, at Police Station, Basir Pur, District Okara, on 14th April, 1987.
2. The prosecution case in brief is that on 9th April, 1987 at about 3-30 A. M., the Rangers party saw four persons coming from the direction of the Indo-Pakistan border with bundles on their heads.
When they were asked to stop, one of the four persons fired at the Rangers party, which replied back in self defence. Abdul Sattar, petitioner, was apprehended at the spot, whereas the other three managed to escape. Fifty three bottles of Indian liquor were recovered from the spot, where the petitioner and his companions had thrown the bottles. It is alleged in the FIR that the other three were also identified in the light of the light flare which the Rangers had fired.
3. I have heard the arguments of the learned counsel for the petitioner and the Customs Authorities and have also perused the record. It yet remains to be seen, after evidence is recorded in the case, whether the maximum penalty imposed by the section 156(1)(8) of the Customs Act would be awarded. This is not a case relating to the smuggling of narcotics, where the maximum sentence may be awarded. In case where it is prima facie felt that the maximum sentence is not likely to be awarded, this Court has allowed bail. See Muhammad Altaf v. Nasir Ahmad (P.L.J. 1975 Cr. C. 362) and Abdul Hay-uz-Zafar vs. The State (1983 P. Cr. LJ. 2010). The investigation is over and the petitioner is not required for am- investigation. The petitioner has been behind the bars since loth April, 1987.
4. For the foregoing reasons, this petition is accepted and Abdul Sattar, petitioner, is released on bail, subject to his furnishing security in the sum of Rupees Fifty Thousand (Rs.50,000/-) with one surety in the like amount to the satisfaction of the Special Judge, Customs, Lahore.
5. Copy dasti on payment of usual charges.