2011 SCMR 1514 (PLP)
AKHTAR ZAMAN KHAN — Petitioner Versus THE STATE and another — Respondents
| Citation | 2011 SCMR 1514 (PLP) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Mian Hamid Farooq and Syed Sakhi Hussain Bukhari, JJ |
| Parties | AKHTAR ZAMAN KHAN — Petitioner Versus THE STATE and another — Respondents |
| Primary Law | Customs Act (IV of 1969) |
Q1: What are the key laws and sections cited in 2011 SCMR 1514 (PLP)?
This judgment primarily cites: Customs Act (IV of 1969) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2011 SCMR 1514 (PLP)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Mian Hamid Farooq and Syed Sakhi Hussain Bukhari, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2011 SCMR 1514 (PLP) (AKHTAR ZAMAN KHAN — Petitioner Versus THE STATE and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Mian Abdul Ghaffar, Advocate Supreme Court and Mehmood -ul-Islam, Advocate-on-Record for Petitioner.
- Nemo for Respondents.
- Date of hearing: 1st July, 2009.
Headnotes / Summary
(Against order dated 25-5-2009 of the Lahore High Court, Lahore passed in Criminal Miscellaneous No. 5547-B of 2008).
S. 156(1)(14)(14-A) & (77)
Constitution of Pakistan, Art. 185(3)
High Court while referring to-different aspects of the case, came to the tentative view that sufficient material was available on record to connect the petitioner with the commission of offence
Challan had been submitted and trial of the case was underway
High Court had already directed the Trial Court to conclude the trial of the case within a period of six months
No view contrary to the one adopted by the High Court, could be taken in circumstances
Impugned order not suffering from any legal infirmity; was maintained.
Judgment & Decree
MIAN HAMID FAROOQ, J.
Petitioner seeks leave to appeal against order dated 25-5-2009,whereby the learned Lahore High Court at Lahore dismissed his application (Criminal Miscellaneous No. 5547-B of 2008) seeking post arrest bail, in a case registered vide F.I.R. No.3/07 dated 3-7-2007 under section 156(1)(14)(14-A)(77) of the Customs Act, 1969 at Police Station Investigation and Prosecution Branch, Directorate General Intelligence and Investigation (Customs and Excise), Lahore and directed the learned trial Court to conclude trial of the case within a period of six months.
2. Learned counsel for the petitioner contended that although the petitioner was involved in different cases, yet he had already been granted bail in the said cases and that all the co-accused of the petitioner were granted the concession of bail, therefore, the petitioner was also entitled to same treatment.
3. We have heard learned counsel for the petitioner and examined the available record. Findings of the learned High Court recorded in para 5 of the impugned order were sufficient to decline discretionary relief of bail to the petitioner. The learned High Court, while referring to different aspects of the case, came to the tentative view that there was sufficient material available on record to connect the petitioner with the commission of offence and we do subscribe to the said findings. Furthermore, according to the learned counsel, challan has been submitted and trial of the case is underway. Learned High Court had already directed, and rightly so, the learned trial Court to conclude the trial of the case within a period of six months. In view whereof, we are not inclined to take a contrary view than the one adopted by the learned High Court. The impugned order does not suffer from any legal infirmity, which is hereby maintained.
4. In view of the above, the present petition lacking in merits stands dismissed and leave to appeal is refused. H.B.T./A-52/SC Petition dismissed.