1. ' In these bail applications, applicant All Ahmad Baloch, who is Deputy Superintendent, Customs and applicant Shahid Hussain who is Superintendent, Customs are accused in F.I.R. No,32 of 1992 and others lodged by one Muhammad Saleem, Principal Appraiser, Directorate of Inspection and Training (Customs Central Excise and Sales Tax), Karachi, on 24-2-1992 under section 32 of Customs Act, 1969 punishable under section 156 (1)(14) and under section 156(1)(82). The F.I.Rs, are outcome of the F.I.R. No,10(19) DvInv-Misc/91/A and subsequently on the basis of this one F.I.R., separate charge sheets are submitted. Bail applications filed by the applicants are rejected by the learned Special Judge (Customs and Taxation), Karachi. Since the facts of all the F.I.Rs, are common, I would like to dispose of these five bail applications by a single order.
2. ' The facts as gathered from the F.I.R. Are, that a credible information was received by Muhammad Saleem, the complainant, that 19 consignments comprising 499 bales of Polyester Jacquard Fabrics and one wooden case containing glass marbles were fraudulently exported to Dubai from Gwadur Port for the purpose and intent to obtain customs duty draw back coupled with import licence fee refund totalling to Rs,2,69,19,321. Shipping documents were prepared, filed and processed by Abdul Majeed Askani, a Clearing Agent, on behalf of Exporters M/s. Charly Enterprises.
3. On preliminary investigation it was revealed that said fabrics are never exported, the shipping bills were false and the Customs Officers, namely, Inspector Khalid Aziz, Deputy Superintendent All Ahmed Baloch (Applicant No,1), Superintendent Shahid Hussain (Applicant No,2) and Assistant Collector Mumtaz Ali Changazi were actively involved in commission of this offence. On completion of shipping bills, the Exporter Haroon Rashid and his employees moved an application for export rebate and submitted the same before the Collector of Customs, Quetta which was sanctioned, as a result of which M/s. Charly Enterprises received refund of customs duty to the tune of Rs,1,92,65,477. This claim on enquiry was found to be based on bogus documents and the case was accordingly registered. It would be pertinent to refer that Assistant Collector of Customs Mumtaz Ali Changazi and Inspector of Customs Khalid Aziz had filed similar bail applications before this Court being Spl. Criminal Bail No,37 of 1992 and 39 of 1992 and my learned brother Shoukat Hussain Zubedi, J. By a detailed order, dated 2-8-1992 was pleased to grant bail to the said accused.
4. Criminal Petitions for Leave to Appeals being Nos. 82-K to 85-K of 1992 were filed before the Honourable Supreme Court of Pakistan to challenge the grant of bail to accused by this Court. Said petitions for leave to appeal came up for hearing before the Supreme Court and by order dated 4- 11-1992 in said petitions, leave to appeal was refused and the order of this Court granting bail was maintained.
5. ' The contentions of Mrs. Ismat Mehdi, learned Advocate for the applicants, are that ,there is no evidence against the applicant and the case is entirely based on suspicion and presumption, that at the most it may be an offence under section 156(1)(82) of the Customs Act, which is punishable, with 3 years' R.I. And that co-accused Khalid Aziz and Mumtaz Ali Changazi are granted bail by a learned Single Judge of this Court and in these circumstances the applicants would also be entitled to bail.
6. ' Mr. Farrukh Zia Shaikh, learned counsel appearing for the State, has opposed the grant of bail and has argued that in the case of another accused in the same F.I.R. Bail applications were rejected by another Judge of this Court. He has also contended that a huge amount is involved in this case and that with the connivance of the Customs Officials, the same has been paid to the Exporter and concession of bail cannot be extended.
7. ' I have heard the learned counsel at length, perused the record and the order, dated 2-8-1992 passed by my learned brother Shoukat Hussain Zubedi, J. In the case of accused Khalid Aziz and Mumtaz Ali Changazi.
8. ' Without going further into the merits of the case and following the rule of consistency, since the case of applicants is identical, I am inclined to grant bail to them. Applicants Ali Ahmed Baloch and Shahid Hussain are admitted to bail on furnishing one surety each, in each bail application, in the sum of Rs,5,00,000 (Rupees five lacs only) and P.R. Bond in the like amount to the satisfaction of the trial Court.