Mst. Nighat Manzoor vs State S — 2025 PCrLJ 931 ISLAMABAD

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Mst. Nighat Manzoor VS State S. 497---Customs act (IV of 1969), Ss. 2(s), 16, 156(1)(8)(70)(i)(e) & 139---Imports and Exports' (Control) act (XXXIX of 1950), S.3(1)---Possessing gold ornaments over the allowed limit while travelling abroad---Smuggling, allegation of---Post-arrest bail, grant of---Guilty intent, missing of---allegation against accused was that, during her search, raw gold weighing 934 grams and jewelry weighing 1214 grams were recovered from her purse for which she failed to produce any valid document for transporting the same---Though the petitioner (accused person) was arrested at the airport by the Customs authorities yet she, being a passenger, was not issued any boarding card, nor did she reach the international departure lounge---No tag or information about the subject bag booking in the name of the accused person was available on the record---Simply having gold ornaments over the allowed limit, which were found during a passenger's scan at the aSF scanner near the departure lounge entrance, does not automatically prove guilty intent or an attempt to commit an offence---Passenger had not gone through immigration or gotten the required stamp on the passport---Even if it was assumed that there was an initial plan to smuggle the gold, the passenger still had the chance to change her mind and give the extra gold to someone outside the departure area, as often happens in cases of excess baggage---Therefore, even if intent was assumed, the actions would not go beyond just preparing and would not be considered an actual attempt---There was nothing available on the record to show that the petitioner was a repeat offender which may prove that she has intentionally concealed the gold ornaments---Petitioner (woman accused) was granted post-arrest bail, in circumstances.

Mst. Nighat Manzoor vs State S — 2025 PCrLJ 931 ISLAMABAD

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