A policeman escorting Ali seen examining the suspect. PHOTO: ONLINE
Lawyers said lower courts cannot overturn the decision of a higher court.
Her legal team, led by Sardar Latif Khosa and Sardar Ishaq, appeared before the court of Rana Aftab Ahmad and argued that the money did not belong to her.
“She was just waiting to hand over the money to her brother Zulfiqar Ali, and had not boarded the plane,” he argued, adding that in this case the customs department cannot charge her for smuggling the money.
He maintained that his client was arrested from the Airport Security Force counter.
He claimed that it was not the duty of ASF officials to arrest people for carrying money in their luggage, but only to check luggage for weapons and drugs. He argued that customs should have simply collected the required tax, duties and fines and let her go.
The defence also objected over some clauses included in the charge sheet and said that investigation officer Saleem was not an appropriate person to investigate the case under the Customs Act.
Meanwhile, the prosecution team, comprising Farhat Nawaz Lodhi and Feroz Amin, argued that Pakistan Customs has jurisdiction over the entire airport.
“After recovering the money from the bag, ASF officials informed customs, as is their duty,” he said.
He also informed the court that the authenticity of property documents provided by Ayyan could not be confirmed by Bahria Town.
On the incomplete charge sheet, he told the court that some suspects were still at large, and the charge sheet could not be completed without them. Lodhi said that the charge sheet regarding Ayyan’s involvement was complete.
“Two suspects, Mumtaz and Owais, have yet to appear before the investigation team to record their statement, while some suspects have moved high courts and their applications are pending there,” he said.
He informed the court that their statements would be recorded when the High Court decides on their applications.
A Customs official said that during interrogations, Ayyan confessed that the money was hers. “She had attempted to smuggle the money out of the country which is also a crime. Besides, she had tickets and a boarding pass, which is part of the case file,” he said.
In addition, the details she had provided regarding her property and the real estate firm to which she sold the plots could not be confirmed, he said. He added that the model had also already gone through immigration and was waiting in Rawal Lounge to board the flight.
Published in The Express Tribune, June 4th, 2015.
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