Pakistan Case Law
1988 SCMR 64

ALAM MASOOD Versus STATE

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Citation1988 SCMR 64
CourtSupreme Court of Pakistan
Case No.Criminal Petition for Leave to Appeal No. 237 of 1987
Date1987-08-04
Judge(s)Shafiur Rahman, Javid Iqbal and Saad Saood Jan
Authored byJavid Iqbal
ResultPetition dismissed
AI Summary — generated from this judgment; read the full text below and verify before relying on it.

This matter concerns a petition for leave to appeal against an order of the Lahore High Court, which refused to grant bail to the petitioner. The petitioner was charged under the Customs Act 1969 for allegedly attempting to smuggle 27.89 kilograms of heroin concealed within water coolers. The core legal question before the Supreme Court was whether the petitioner, who contended he was merely a carrier of the contraband, was entitled to the grant of bail in the circumstances of the case. The Supreme Court, after hearing the arguments presented by the petitioner's counsel, held that the case did not warrant interference with the High Court's order refusing bail. Consequently, the petition for leave to appeal was dismissed. The judgment reinforces the principle that the role of a 'mere carrier' in large-scale narcotics smuggling does not automatically entitle an accused to bail, and appellate courts will not interfere with lower court bail refusals unless a compelling case for such intervention is established.

Questions settled in this judgment
  • Is a person charged with smuggling a large quantity of heroin entitled to bail merely on the ground that they acted as a carrier?
  • Does the Supreme Court interfere with a High Court order refusing bail in a narcotics smuggling case where the petitioner is a carrier?
Laws & provisions referred
  • Section 156(1)(8), Customs Act 1969
  • Section 77, Customs Act 1969
  • Section 157, Customs Act 1969
  • Section 178, Customs Act 1969
  • Section 192, Customs Act 1969
bail refusalnarcotics smugglingCustoms Actleave to appealcriminal liabilitycarrier of contraband

ORDER

1. JAVID IQBAL, J.-- In this petition for leave to appeal petitioner challenges the order of the learned Single Judge of the Lahore High Court, Lahore dated 18th July 1987 whereby bail was refused to him.

2. The petitioner is involved in a case under sections 156(1)(8), 77, 157, 178, 192 of the Customs Act 1969. The allegation against him is that he along with another, attempted to smuggle 27.89() Kgs. of heroin out of the country. The heroin was concealed in water coolers.

3. It was submitted by the learned counsel that the bail should have not been refused as he was a mere carrier. We have heard learned counsel at some length but in our view is not a fit case for interference

4. .

5. This petition is, therefore, dismissed.

6. M . I . / A-110 / S Petition dismissed.

Cited by 2 cases

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