| Case ID |
2c755dc5-ffd3-4da4-a692-360fb4c3140b |
| Body |
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| Case Number |
Criminal Petition No.32-K of 1990 |
| Decision Date |
Apr 24, 1990 |
| Hearing Date |
|
| Decision |
In this case, the petitioners were denied bail as they were caught red-handed while attempting to bring smuggled goods into Pakistan. The court noted the high value of the contraband, assessed at one crore rupees, and the circumstances surrounding the arrest, including the petitioners' attempts to escape upon seeing the Customs officials. The court found that the evidence indicated a strong case for guilt, as the offense was punishable by a significant prison term, thus affirming the High Court's decision to deny bail. |
| Summary |
This case revolves around the denial of bail to the petitioners, who were involved in a significant smuggling operation under the Customs Act, 1969. The Supreme Court of Pakistan, presided by Justices Abdul Kadir Shaikh, Zaffar Hussain Mirza, and Abdul Hafeez Memon, addressed the serious nature of the charges against the petitioners, who were apprehended with a substantial quantity of contraband goods valued at one crore rupees. The court meticulously examined the evidence presented, highlighting the fact that the launch used for transporting the smuggled goods was meant for fishing but was directed towards Dubai to facilitate the illegal trade. The petitioners' actions of attempting to flee upon detection by Customs officials were interpreted as indicative of their guilty conscience. Given the recent nature of the incident and the gravity of the offense, the court upheld the High Court's ruling, which had previously denied the petitioners bail. This decision underscores the stringent enforcement of customs regulations and the legal framework aimed at combating smuggling activities in Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ABDUL KADIR SHAIKH,
ZAFFAR HUSSAIN MIRZA,
ABDUL HAFEEZ MEMON
|
| Lawyers |
Muzaffar Hassan
|
| Petitioners |
ALI MUHAMMAD and others
|
| Respondents |
THE STATE
|
| Citations |
1992 SLD 304 = 1992 SCMR 696
|
| Other Citations |
Not available
|
| Laws Involved |
Customs Act, 1969,
Criminal Procedure Code (V of 1898)
|
| Sections |
2,
156(1)(8),
497
|