KARACHI: The Customs Court granted interim bail to seven suspects, who were booked in a case of attempting to smuggle non-duty paid contraband betel nuts.
On July 29, 2018, court granted interim bail to suspects namely Habid-ur Rahman son of Haji Abdullah, Abdul Nafe son of Haji Abdul Ghaffar, Saqib Khan son of Anwar Khan, Ibrahim son of Saddique, Hamayun son of Alam Khan, Abdul Pukar son of Alif Khan and Najeebullah son of Boor Muhammad against the surety of Rs 1.00.000 each. Court also directed them to appear on next date of hearing for conformation or other-wise.
On last date of hearing, counsel for the above mentioned suspects filed bail petition and argued that according to the prosecution Pakistan Rangers staff at Agra Taj Colony, Maripure, Road, Karachi intercepted three pick-ups Suzuki bearing registration number to AFR-2018, KT-3028 and KW-7518 and handed over them to customs officials who recovered 5080 kilograms betel nuts from them.
He argued that betel nuts are importable and are available in open markets and value of the seized betel nuts has been shown exorbitantly high to show the false performance as preventive Collectorate has no power to determine the value of any item, he said that recover if any, has been made and custody of the present/ applicants are not required by the prosecution for investigation.
He further argued that perusal of FIR show that prosecution invoke provision of Section 2 (s) Section 156 (8) & (89) are not applicable in the instant case as betel nuts are not notified item and not included as an item in the notification of notified list issued under section 2 (s) of the Customs Act, 1969.
He said that since betel nuts are not a notified item under section of 2 (S) of the Customs Act, 1969, this court has no jurisdiction to try the accused persons on the charges mentioned in the FIR, he submitted that accused are ready to furnish solvent surety to the satisfaction of this court and case against them requires further inquiry as contemplated in section 497 (1) Cr. CP.
According to the FIR, case was registered for violation of under Section 2 (s), 156(2), 157(2) and 178 of Customs Act, 1969 punishable under clause (8) (85) & 89 of Section 156 (i) ibid read with Section 3 (i) of Imports & Export Control Act, 1950.
