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ALTAF HUSSAIN vs State Ss — 2025 PLD 478 SUPREME-COURT

Case information

Citation
2025 PLD 478 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2025
Reporter
PLD
Parties
ALTAF HUSSAIN vs State Ss
Subject matter
Criminal

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

ALTAF HUSSAIN VS State Ss. 3 & 9---Constitution of Pakistan, Art. 185 (3)---Illicit fishing---Constructive knowledge, principle of---Applicability---Fishing trawler, confiscation of---Petitioner sought release of his trawler and other fishing equipment on the plea that illegal fishing activity was done by his employees without his knowledge---Validity---Despite assertion of ignorance by petitioner, there was overwhelming evidence of illicit fishing on his vessel and the same was insufficient to absolve him of liability---Even if petitioner did not possess actual knowledge of certain facts or information, he was presumed to be aware of them as proprietor of the trawler---Such presumption was based on the fact that information was reasonably accessible to him and that he should have been aware of the facts in the light of his position, duty and circumstances---Petitioner was responsible for illegal actions of his employees as proprietor of trawler as a result of his failure to conduct reasonable background checks---Constructive knowledge was a critical legal principle that guaranteed accountability by assuming knowledge in a situation where it was reasonable to anticipate awareness---Petitioner did not file any application for release of trawler in question on superdari at trial stage, and likely was awaiting the outcome of trial at that time---Petition for leave to appeal was dismissed and leave to appeal was refused.

Other judgments reported in 2025 PLD

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