| Case ID |
007e5f98-0c4c-41ac-9153-909527de57b3 |
| Body |
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| Case Number |
Civil Petition Nos.388-P, 389-P, 395-P, 396-P, 397 |
| Decision Date |
|
| Hearing Date |
May 10, 2023 |
| Decision |
The case involved multiple petitions regarding the enforcement of the Prevention of Smuggling Act, 1977 and the Constitution of Pakistan, 1973. The Supreme Court examined the arguments presented by both the petitioners and respondents, focusing on the interpretation of the relevant sections of the laws cited. The court emphasized the importance of adhering to legal standards in smuggling cases. The decision underscored the need for a fair trial and just adjudication in matters involving state authorities and private individuals. Ultimately, the ruling reinforced the legal principles governing smuggling offences and the rights of the involved parties, ensuring that justice was served in accordance with the law. |
| Summary |
This case revolves around the legal proceedings initiated by the State through the Director of A.N.F. Peshawar against various respondents, including Shereen Shah and others. The Supreme Court of Pakistan, presided over by Justices Umar Ata Bandial, Ayesha A. Malik, and Athar Minallah, addressed significant questions regarding the enforcement of the Prevention of Smuggling Act, 1977, and its implications on constitutional rights under the Constitution of Pakistan, 1973. The court deliberated on the procedures followed by the ANF and its compliance with legal standards when prosecuting smuggling cases. The arguments presented by the advocates for both sides were critically analyzed, leading to a comprehensive judgment that aimed to clarify the application of the law in these matters. The ruling not only reinforced the existing legal framework but also ensured the protection of individual rights against arbitrary state actions, thereby contributing to the legal discourse surrounding smuggling offences in Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Federal Government,
Director A.N.F. Peshawar,
ANF, Peshawar
|
| Judges |
Mr. Justice Umar Ata Bandial,
Mrs. Justice Ayesha A. Malik,
Mr. Justice Athar Minallah
|
| Lawyers |
Mr. Tariq Khan Kakar, ASC (in all cases),
Qazi Jawad Ehsanullah, ASC,
Mr. Ghulam Mehboob Khokhar, ASC,
Mr. Aftab Alam Yasir, ASC
|
| Petitioners |
The State thr. Director A.N.F. Peshawar,
Federal Govt./State through ANF, Peshawar,
The State thr. Director A.N.F. Peshawar.Force Commander ANF, Peshawar
|
| Respondents |
Rahim and others,
Gul Anwar and others,
Shereen Shah and another,
Hanif Gul Jadoon, decd. thr. LRs and others,
Haji Umar Afridi decd. thr. LRs and others,
Malik Gul Bahadur decd. thr. LRs and others
|
| Citations |
2023 SLD 6707
|
| Other Citations |
Not available
|
| Laws Involved |
Prevention of Smuggling Act, 1977,
Constitution of Pakistan, 1973
|
| Sections |
31,
43,
199
|