| Citation(s) |
|---|
| 1995 SLG 760 1995 SLD 760 , 1995 PLD 459 |
Sindh High Court
Special Criminal Bail Application No. :) of 1995, decided on: 23rd April, 1995.
Presented By: Before Shafi Muhammadi, J
kana Mohammad Sharnint and Mrs. Fzrdous Faaecdi fuf Atyplieant, Warn Ahmed Ansari, D.4~.Ai, for the State.
Special Criminal Bail Application No. :) of 1995, decided on: 23rd April, 1995.
Presented By: Before Shafi Muhammadi, J
kana Mohammad Sharnint and Mrs. Fzrdous Faaecdi fuf Atyplieant, Warn Ahmed Ansari, D.4~.Ai, for the State.
ALAMGIR ... Applicant
VERSUS
THE STATE-_-Respondent
Law: Constitution of Pakistan 1973
Section: 156 , 340
Law: Criminal Procedure Code (V of 1898)
Section: 497
Criminal Procedure Code (V of 18981--. ----Ss. 156 & 340(2)---Statement of accused, before Investigating Officer and Trial Court---Distinction---Respective evidentiary value---Legal essential--- Statement of an accused before an investigating Officer during investigation has no legal sanctity unless proved during trial, but his statement recorded under S.340(2), Cr.P.C. by Trial Court has great legal importance. Administration of justice--- Principle of consistency---Principle of consistency is the basic principle of the administration of justice and has to be acted upon not only at bail stage but at the time. of disposing of appeals too---Criminal Procedure Code (V of.1898), S.497. Constitution of Pakistan (1973)--- ----Arts. 189, 201 & 203-GG ---Binding effect of decisions of superior Courts--Judgments delivered, orders passed or observations made by Superior Courts have to be taken into consideration and to be followed if the facts of those cases are .similar to the cases in hand, provided those judgments, orders or observations are authoritative and/or persuasive in their nature.--[Precedent]. Criminal Procedure Code (V of 1898)--- ----S. 497---Customs Act (IV of 1969), S.156(1)(8) & (89)---Bail---Smuggling--Carriers, categories of---Carriers mostly the hired drivers, labourers, loaders etc., who usually fall as victims of circumstances, cannot be equated with professional carriers or agents of main smugglers because such carriers are neither less nor more than the actual smugglers. Constitution, of Pakistan. (1973)--- ---Art. 189---Precedents--Binding force---Observations of a general character---Value-- -Every judgment must be read as. applicable to the particular facts proved or assumed to be proved, since the generality of the expressions which may be found there, are not intended to he expressions of the whole law but governed and qualified by the particular which such expressions are to be found and the other authority for what it actually decides and cannot lye q that may seem to follow logically from it---Such a mode of reasoning' assumes that the law is necessarily a logical Code, whereas every lawyer must acknowledge that…