| Citation(s) |
|---|
| 1983 SLG 438 1983 SLD 438 1983 SCMR 727 |
Supreme Court of Pakistan
Criminal Petition for Special Leave to Appeal No. 79 of 1983, decision dated: 15-03-1983.(An appeal from the judgment and order of the Lahore High Court, dated 16 2 1983 in Criminal Miscellaneous No. 69 B C/82)
ASLAM RIAZ HUSSAIN AND NASIM HASAN SHAH, JJ
Wasim Sajjad, Advocate Supreme Court instructed by Rana Maqbool Ahmad Qadri, Advocate on-Record for Petitioner. Sh. Izhar ul Haq, Advocate Supreme Court with Sh. Ijaz Ali, Advocate on-Record for the State
Criminal Petition for Special Leave to Appeal No. 79 of 1983, decision dated: 15-03-1983.(An appeal from the judgment and order of the Lahore High Court, dated 16 2 1983 in Criminal Miscellaneous No. 69 B C/82)
ASLAM RIAZ HUSSAIN AND NASIM HASAN SHAH, JJ
Wasim Sajjad, Advocate Supreme Court instructed by Rana Maqbool Ahmad Qadri, Advocate on-Record for Petitioner. Sh. Izhar ul Haq, Advocate Supreme Court with Sh. Ijaz Ali, Advocate on-Record for the State
GHAZI SHAH ETC.
VS
THE STATE
Law:
Section:
Constitution of Pakistan (1973)---Art. 185(3) read with Customs Act (IV of 1969) Offence of smuggl¬ing gold from Dubai Bail Main accused granted bail Co accused being merely "carrier" of main accused Held, entitled to grant of bail. Noorul and others v. The State 1976 S C M R 190 fol. ORDER ASLAM RIAZ HUSSAIN. J. The petitioners seek leave to appeal against the order of the Labour; High Court, dated 16 2 1983, rejecting their bail application. 2. They are accused alongwith some others, of smuggling gold from Dubai and were arrested outside Islamabad Airport. Their bail application was rejected by the High Court. Learned counsel urged before us that although according to the prosecution itself, Haji Muhammad Afzal is the main accused and the petitioners were merely `carriers' for him, yet the former has been granted bail by the High Court, while the application of the petitioners was rejected. The learned counsel referred to Noorul and others v. The State (1976SCMR190), where in a similar case, the carriers were released on bail, with the following observations. "At the same time…
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