| Case ID |
2eb10c97-076e-40f4-bb03-a72a767db777 |
| Body |
View case body. Login to View |
| Case Number |
Special Criminal Bail Application No.5 of 1991 |
| Decision Date |
Feb 17, 1991 |
| Hearing Date |
|
| Decision |
The application for bail was dismissed as the applicant, Rifaqat Ali, was found to be a habitual offender with a history of smuggling contraband gold. The court emphasized that the conditions for granting bail were not met, particularly noting the refusal of the applicant to be searched in the presence of a Gazetted Officer and the lack of substantial medical evidence supporting his claim of being unwell. The court underscored the seriousness of the charges against him and the implications of allowing bail in such circumstances. |
| Summary |
In the case of Rifaqat Ali vs. The State, the Sindh High Court addressed a bail application concerning serious charges under the Customs Act, 1969. The applicant was intercepted at Karachi Airport with a significant quantity of gold, leading to his arrest. The court analyzed the procedural compliance regarding personal searches and the applicant's claims of health issues. Ultimately, the court found no merit in the claims for bail, citing the applicant's status as a habitual offender and the absence of compelling medical evidence justifying his release. This case highlights the stringent requirements for bail in serious criminal matters and the court's role in ensuring that justice is served while considering public safety. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
Qaiser Ahmed Hamidi
|
| Lawyers |
Abdul Hafeez Pirzada,
Abdul Mujeeb Pirzada
|
| Petitioners |
Rifaqat Ali
|
| Respondents |
The State
|
| Citations |
1991 SLD 276,
1991 MLD 1673
|
| Other Citations |
Syed Abdul Nabi v. The State P L D 1988 Lah.146,
Noorul and others v. The State 1976 S C M R 190,
Ghazi Shah and others v. The State 1983 S C M R 727,
Jamshed Iqbal alias Billo v. The State 1986 P Cr. L J 2309,
Ahmed Ali Khan v. The State 1988 P Cr. L J 370,
Banaras v. The State 1978 S C M R 191,
Muhammad Ashraf Khan v. The State 1990 P Cr, L J 169
|
| Laws Involved |
Customs Act, 1969,
Criminal Procedure Code (V of 1898)
|
| Sections |
156,
497
|