18/12/2025
ARGUMENT ON REMAND
(On behalf of the Accused)
May it please the Court,
1. Remand is an exception, not a rule
• Under section 167 Cr.P.C., police remand is not automatic; it is an exception which must be justified by cogent reasons.
• The Hon’ble Superior Courts have consistently held that liberty is the rule and detention is the exception.
• The prosecution must show actual necessity for physical custody; mere allegation or seriousness of offence is not sufficient.
Reliance:
• Muhammad Akram v. State (PLD 1986 SC 539)
• Zafar Iqbal v. State (2006 SCMR 122)
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2. Nature of offence does not justify physical remand
• The alleged offences under Copyright Ordinance, 1962 and Trade Marks Ordinance, 2001 are documentary in nature.
• No recovery is required from the accused’s physical custody; alleged infringing material, if any, is already in possession of FIA.
• Investigation revolves around:
• ownership of copyright / trademark
• registration certificates
• licences / permissions
• comparison of documents
All of which can be done without physical custody.
Reliance:
• Tariq Bashir v. State (PLD 1995 SC 34)
• State v. Muhammad Hanif (2017 SCMR 1025)
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3. Police remand cannot be used for fishing or confession
• Police remand cannot be granted for:
• extracting confession
• pressurising the accused
• completing investigation due to investigator’s inefficiency
• Confession before police is inadmissible under Article 38 of Qanun-e-Shahadat Order, 1984.
Reliance:
• Abdul Razzaq v. State (PLD 1967 SC 580)
• Muhammad Shahid v. State (2010 SCMR 927)
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4. FIA has not shown specific grounds for remand
• The prosecution has failed to disclose:
• what recovery is required,
• which specific fact needs accused’s custody,
• how custody would advance investigation.
• Absence of case diary with reasons is fatal to remand request.
Reliance:
• Nadeem Ahmed v. State (2011 SCMR 123)
• Muhammad Aslam v. State (PLD 2009 Lahore 362)
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5. Jurisdictional do