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Criminal Procedure Code, 1898 (V of 1898)-- ----S. 561-A--Control of Narcotic Substances Act, (XXV of 1997), Ss. 6, 7, 8, 9(c)--Customs Act, 1969, Ss. 2(S), 16 & 156(1), 8, 80, 89, 15, 157 & 178--Conviction and sentence--Correction in committal warrant--Question of--Determination--When accused has completed his sentence andinspite of lapse of about 08-years, challan has not been submitted before Custom Court whether he is not entitled to be released? If he has to wait for trial and decision of Custom Judge than in such circumstances, whether his case will not come within definition of double jeopardy and violative of Art. 13 of Constitution--Convicted has completed his sentence under Section 9-C, CNSA, therefore, there is no need for his trial under Sections 2(S) 16, 156, (1), 8, 80, 89, 15, 157, 178 of Customs Act, 1969, because as declared by Supreme Court trial under Sections 156(1)(8) of Special Judge Custom and proceeding under Act are without lawful authority and are of no legal effect--Petition was accepted. JUDGMENT Through the instant petition filed under Section 561-A, Cr.P.C. the petitioner seeks correction in committal warrant vide which petitioner was sent to Jail by the concerned Magistrate. 2. Brief but relevant facts of the case arc that accused/petitioner has been arrested by the Custom Authorities of Police Station I & P Branch, Customs House, Peshawar in case FIR No. 30 dated 01.12.2006 under Sections 6, 7, 8, 9(c) C.N.S.A r/w Section 2(S), 16, 156(1)8, 80, 89, 15, 157, 178 of Customs Act, 1969. After his arrest he was produced before learned Sessions Judge/Judge Special Court, Nowshera for custody and accordingly physical custody was granted. He was also produced before concerned Magistrate on 01.12.2006 for recording his confessional statement, when he refused to record his confessional statement he was sent to judicial lockup vide impugned committal warrant containing different Sections of law i.e. under section under Sections 6, 7, 8, 9(c) C.N.S.A r/w Sections 2(s)16, 156(1), 8, 80, 89, 15, 157, 178 of Customs Act, 1969. After the completion of investigation, complete challan was submitted against the accused/petitioner before…

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