| Citation(s) |
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| 2025 SLG 1581 2025 SLD 1581 = 2025 SCMR 432 |
CRL.P.L.A. No. 1038 of 2024, decided on 7th November, 2024. (On appeal against the order dated 09.09.2024 passed by the Lahore High Court, Lahore in Crl.Misc. No. 47402-B of 2024).
Present: Musarrat Hilali and Malik Shahzad Ahmad Khan, JJ
Shan Zeb Khan, Advocate Supreme Court for Petitioner. Hassan Nawaz Makhdoom, Addl. AGP, Nadeem Mehmood, Advocate Supreme Court, Ms. Huria Fatima, Advocate and Khawaja Ziauddin, Inspector Customs for
Respondents. for
Respondents. Date of hearing: 7th November, 2024.
AMNA NAZ ---Petitioner
VERSUS
The STATE and another ---Respondents
Law: Code of Criminal Procedure (CrPC), 1898
Section: 497(1)
Law: Customs Act, 1969
Section: 2(s), 16, 139, 156(1), (8)(i)(d)(70), 157, 178 ,187
Law: Imports and Exports (Control) Act, 1950
Section: 3(1), 3(3)
Law: Constitution of Pakistan, 1973
Section: 185(3)
Criminal Procedure Code (V of 1898)---
----S. 497(1), first proviso---Customs Act (IV of 1969), Ss. 2(s), 16, 139, 156(1), (8)(i)(d)(70), 157, 178 & 187---Imports and Exports (Control) Act (XXXIX of 1950), Ss. 3(1) & 3(3)---Import Policy Order, 2022, Srl. No. 55, Appendix-B, PartI---Constitution of Pakistan, Art. 185(3)---Notification SRO No. 666(I)/2006 dated 28-06-2006---Notification SRO No.565(I)/2005 dated 05-06-2005---SRO No.499(I)2009 dated 13-06-2009---Smuggling---Bail, grant of---Woman accused--Challan filed---Accused lady was arrested at airport for possessing foreign made cell phones---Petitioner was a woman and her case should have been examined by Courts below under first proviso to S. 497(1) Cr.P.C.---If petitioner/accused was not found entitled to bail under S. 497(1) Cr.P.C., the Courts below should have considered bail application on its own merits taking into account the petitioner's background, nature of offence and likelihood of abscondence---Prosecution had already gathered all necessary evidence and petitioner/accused was no more required for custodial interrogation---Keeping petitioner/accused in jail without Court verdict would be equivalent to convicting her without due process---Bail was allowed.