| Case ID |
3711ab34-8f31-465c-ad61-45e4e53e41ac |
| Body |
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| Case Number |
Criminal Petition for Special Leave to Appeal No. |
| Decision Date |
Jul 12, 1978 |
| Hearing Date |
Jul 08, 1978 |
| Decision |
The Supreme Court of Pakistan addressed the petition for bail concerning the petitioner, Torab Shah, who was involved in a case under the Customs Act. The court found that the petitioner had been in judicial custody since January 23, 1978, and noted that the allegedly objectionable goods had been returned to their owner, and the truck was also released. The court agreed with the petitioner's lawyer that the refusal of bail was unjustified and that the case did not require the recording of evidence before considering bail. The court ruled in favor of the petitioner, granting bail in the amount of Rs. 5,000 with one surety to the satisfaction of the Special Judge (Customs and Taxation). The decision was based on the fact that the offences alleged were not punishable by death or life imprisonment. |
| Summary |
The Supreme Court of Pakistan's decision in the case of Torab Shah vs. The State highlights critical aspects of bail proceedings under the Customs Act. The court examined the legal framework surrounding bail applications, particularly under the Criminal Procedure Code and relevant customs regulations. The petitioner, who had been detained since January 23, 1978, appealed for bail after previous applications were denied. The court emphasized that the return of seized goods and the lack of serious charges warranted the granting of bail. This ruling underscores the importance of expeditious judicial processes and the rights of individuals facing non-capital charges. The case serves as a precedent for future bail applications, particularly in customs-related offences, affirming that evidence recording is not always a prerequisite for bail decisions. Legal professionals and advocates should take note of this ruling as it may influence similar cases in the future. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD AKRAM,
KARAM ELAHEE CHAUHAN
|
| Lawyers |
S. M. Chaudhry, Advocate Supreme Court,
Ch. Akhtar Ali, Advocate on-Record,
Qasim Imam, Advocate on-Record
|
| Petitioners |
TORAB SHAH
|
| Respondents |
THE STATE
|
| Citations |
1978 SLD 252,
1978 SCMR 430
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Customs Act (IV of 1969),
Imports and Exports (Control) Act (XXXIX of 1950)
|
| Sections |
497,
498,
156(8),
156(89),
157,
3(l)
|