ماڊل ايان علي کي ملندڙ ضمانت جو آرڊر

ماڊل ايان علي کي ملندڙ ضمانت جو آرڊر

2016 P Cr. L J 654
[Lahore]
Before Muhammad Anwaarul Haq and Arshad Mahmood Tabassum, JJ
Mst. AYYAN ALI---Petitioner
Versus
The STATE and another---Respondents
Criminal Misc. No. 9211-B of 2015, decided on 14th July, 2015.
Criminal Procedure Code (V of 1898)---
----S. 497---Customs Act (IV of 1969), Ss.2(s), 156(1), 70, 157 & 178---Foreign Exchange Regulation Act (VII of 1947), S.8---Bail, grant of---Scope---Contention of prosecution was that accused attempted to smuggle out of Pakistan, Foreign Currency (US dollars), beyond permissible limit---Accused's plea was that such amount was sale proceeds of her five plots of land and that accused was to hand over the said amount to her brother, who was scheduled to arrive at the Airport---Held, that accused being a female had no previous criminal record and deserved some leniency in view of S.497, Cr.P.C.---Although the offence under S.156(1)(8) of Customs Act, 1969 carried a sentence of 14 years imprisonment, however act of taking foreign currency out of Pakistan beyond prescribed limit was not immoral or anti-social in nature, but was technical---Accused had since been remanded to judicial custody as such she was no more required for purpose of investigation, thus, her further detention would not serve any useful purpose---Petition was allowed and accused was granted bail subject to her furnishing bail bonds in sum of rupees five lac.