AMNA NAZ vs State S — 2025 SCMR 432 SUPREME-COURT

Case information

Citation: 2025 SCMR 432 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2025
Reporter: SCMR
Parties: AMNA NAZ 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

AMNA NAZ VS State S. 497(1), first proviso---Customs act (IV of 1969), Ss. 2(s), 16, 139, 156(1), (8)(i)(d)(70), 157, 178 & 187---Imports and Exports (Control) act (XXXIX of 1950), Ss. 3(1) & 3(3)---Import Policy Order, 2022, Srl. No. 55, appendix-B, Part-I---Constitution of Pakistan, art. 185(3)---Notification SRO No. 666(I)/2006 dated 28-06-2006---Notification SRO No.565(I)/2005 dated 05-06-2005---SRO No.499(I)2009 dated 13-06-2009---Smuggling---Bail, grant of---Woman accused---Challan filed---accused lady was arrested at airport for possessing foreign made cell phones---Petitioner was a woman and her case should have been examined by Courts below under first proviso to S. 497(1) Cr.P.C.---If petitioner/accused was not found entitled to bail under S. 497(1) Cr.P.C., the Courts below should have considered bail application on its own merits taking into account the petitioner's background, nature of offence and likelihood of abscondence---Prosecution had already gathered all necessary evidence and petitioner/accused was no more required for custodial interrogation---Keeping petitioner/accused in jail without Court verdict would be equivalent to convicting her without due process---Bail was allowed.

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