Justice Muhammad Moosa K Laghari of Sindh High Court granted bail applications of two importers Muhammad Azam Bhatti and Ghulam Hur Javid, arrested on charge of violating Custom Act, and ordered them to furnish surety in sum of Rs 200,000 each.
They were arrested by Custom authorities on December 1, 2003 and facing charges under section 2(s), 16, 32 & 192 of Custom Act 1969. Their bail application was earlier dismissed by trial court.
As per FIR, M/s Black Gold industries Lahore imported a consignment of 285.900 metric tons comprised of iron and steel Remeltable scrap from Kuwait. During examination, consignment was found containing dead and live ammunition and danger explosive material.
Bomb disposal, which called for inspection, declared it "Kuwait war scrap" and confirmed presence of unexploded projectile etc.
Arguing on behalf of applicants, their counsel Ms Ismat Mehdi stated no offence was made out to attract provision of section 2(s) of Custom Act. Prima facie, consignment was determined to be scrap.
It was urged that no evidence shows that consignment contained ammunition or explosive material. Federal attorney Khursheed Hashmi, however, opposed the bail application.
The court after hearing arguments of both side counsels, observed it is admitted position that importer imported iron and steel Remeltable scrap.
"On the sheer assumption that said consignment, if exploded, could have turned out to be dangerous, the applicants could not be left to remain incarcerated indefinitely. More particularly when no further evidence has been collected."
The court declared that case of bail thus has been made out and ordered applicant to release on bail.