ATTAULLAH vs State S — 2024 SCMR 1210 SUPREME-COURT

Case information

Citation: 2024 SCMR 1210 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2024
Reporter: SCMR
Parties: ATTAULLAH vs State S
Subject matter: Criminal
Provisions referred to: S. 497

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

ATTAULLAH VS State S. 497(2)---Customs act (IV of 1969), Ss. 2(s), 16, 157(1) & 178---Constitution of Pakistan, art. 185(3)---Pilferage and stealing of Petroleum, Oil and Lubricants (POL) through a concealed pipeline---Bail, grant of---Further inquiry---Petitioner (accused) had been assigned the role of a pilot to a vehicle in which the stolen POL was stored for transporting it to some other destination---admittedly the High Court granted bail to four co-accused persons---Petitioner was a low paid employee like the said co-accused persons who had been granted bail by the High Court---First Information Report indicated the case of joint recovery of stolen POL from several persons including the petitioner and four other persons who had already been extended the benefit of bail by the High Court---It was not the case of the prosecution at present stage that the petitioner was found stealing or pilfering the POL but he was attributed the role of a pilot---Whether he was involved directly or vicariously or with the group of persons with common intention to commit the crime of alleged smuggling was something that could not be decided without recording evidence to prove his guilt, and required further inquiry---Petition was converted into appeal and allowed; and the petitioner was granted bail.

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