Supreme Court of Pakistan (Appellate Jurisdiction)
Model Customs Collectorate, Islamabad v. Aamir Mumtaz Qureshi; compared with Altaf Yousuf v. The State
Criminal Petition No. 209 of 2018; Criminal Petition for Leave to Appeal No. 188-K of 2022
Citation: 2022 SCMR 1861; Altaf Yousuf approved for reporting, reported citation pending
Question of law
The legal question
Whether an acquittal at an intermediary stage under Section 249-A or Section 265-K Cr.P.C. carries the same double presumption of innocence as an acquittal after a full-fledged trial.
Holding
What the Court decided
The authorities conflict. A three-member Supreme Court bench in 2022 SCMR 1861 held that the full-trial double-presumption rule does not apply to intermediary acquittals under Sections 249-A and 265-K. A later two-member bench in Altaf Yousuf applied double presumption to a Section 249-A order without discussing the larger-bench authority. Under the rules of precedent and bench strength, the 2022 rule should govern until reconsidered by a larger bench.
Result
Outcome and directions
In 2022 SCMR 1861, the premature acquittal was set aside and the matter remanded for evidence. In Altaf Yousuf, the later bench restored the Section 249-A acquittal on the facts. This commentary supports the earlier larger-bench rule while explaining how Altaf Yousuf may be confined to its exceptional facts.
Precedent record
Authority and later treatment
- Publication
- Approved for reporting; reported citation should be checked when assigned
- Primary source
- Official external judgment source linked
- Later treatment
- No later judicial treatment has yet been editorially verified for this record
Treatment labels are added only after the later judgment has been checked; absence of a label is not a statement that no later authority exists.
Research tools
Use this judgment in your research
Copy a link to a specific part
Judgment text is provided for legal research and general information. Verify the official court record before relying on it in proceedings.
Independent analysis
Read Shahbaz Shah's legal commentary
A critical comparison of Pakistani judgments on whether an acquittal under Section 249-A or 265-K Cr.P.C. carries a double presumption of innocence.
Read full commentary →