While accepting post arrest bail application of a woman apprehended under the charges of smuggling 26 Iphones valuing in terms of Rs7.8 million, the top court held mere travelling history of the accused person is not sufficient ground to incriminate her for illegal activities.
Earlier, in September 9,2024 Lahore High Court has declined post arrest bail application of the accused woman in case FIR No.31, registered on June 25, 2024 under sections 2(s), 16, 139, 156(1), (8)(i)(d)(70), 157, 178 85 187 of the Customs Act, 1969 and sections 3(1) & 3(3) of Import 85 Export (Control) Act, 1950, SRO dated 666(l)/2006 dated 28.06.2006 read with serial 55 Appendix-B Part-I Import Policy Order, 2022 read with serial 30 of Notification SRO No.565{l)/2005 dated 05.06.2005, SRO No.499(1)2009 dated 13.06.2009 at Police Station Investigation & Prosecution Cell, Collectorate of Customs, Allama Iqbal International Airport, Lahore.
A Division Bench of the top court comprising Justice Musarrat Hilali and Justice Malik Shahzad Ahmad Khan granted post arrest bail to accused lady through citation (2024 SCP 408) available on the top court website.
The bench expressed in the reported verdict saying the prosecution already has collected all necessary evidence where accused person is no more required for custodial interrogation so keeping her in jail in this stage without a trial court findings would be equivalent to convicting the petitioner without due process.
Justice Musarrat Hilali authored a three-page verdict in the mater saying the courts below (High Court and Sessions Court should have considered the bail application of the petitioner on its own merits taking into account the petitioners’ background, nature of offence and the likelihood of ascendance. The court’s decision to dismiss the bail application solely based on the sentence prescribed under the law is unjust as there are precedents where courts have granted bail in cases wherever the prescribed sentence was significant. Apart from above, the petitioner has no criminal history and there is no apprehension of her abscondence.
According to prosecution story it was alleged against the petitioner that she was found in possession of 26 foreign made Iphones while using green channel of International Arrival Hall of Allama Iqbal International Airport Lahore and failed to produce any document of ownership or any document relating to phone imports.
After hearing the matter, the bench granted post arrest bail to the lady, setting aside the LHC order in the matter saying, “This petition is converted into an appeal and is allowed. The impugned order of September 09, 2024 is set aside and the petitioner is admitted to post-arrest bail subject to furnishing bail bonds in the sum of Rs200000 with two sureties in the like amount, to the satisfaction of the trial court.”
