Law: Foreigners Act, 1946

Section: 14,14A,16

Law: Criminal Procedure Code (V of 1898)

Section: 5(2),241A,537

Foreigners Act (XXXI of 1946)--.-- --.--Ss. 14, 14-A & 16--.--Criminal Procedure Code (V of 1898), Ss.5(2), 241-A & 537--.--Revision/appeal under Foreigners Act, 1946--.--Scope--.--Applicability of Criminal Procedure Code, 1898--.--Scope--.--Foreigners Act, 1946 neither expressly provided for appeal or revision nor regulated the procedure of inquiry, investigation and trial of an accused for any offence under the Act--.--Certain provisions of the Act, however, impliedly indicated towards the application of Cr.P.C--.--Section 14-A of the Act, although, barred the application of Cr.P.C, but, as evident from the language of S. 14-A, the bar was only to the extent of bail and not in respect of the other matters--.-- Section 16 of Foreigners Act, 1946 made the other laws applicable to the Act--.-- Words 'application of other law' or 'provisions of any other enactment' in S. 16 of the Act were sufficient to suggest that the application of Cr.P.C. had not been barred--.--Provisions of Cr.P.C. were applicable to trial before Special Court under Pakistan Criminal Law Amendment Act, 1958, and if Special or Local law created offences and provided procedure to deal with, then procedure thus provided in the Special law had to be adopted--.--Where, however, the Special law provided no specific procedure and there was no provision in the same regarding overriding effect of the other law, then the provisions of Cr.P.C. would be applicable within the meaning of S.5(2), Cr.P.C--.--In case of offences other than provided in P.P.C., the provisions of Cr.P.C. would apply subject to specific or contrary provisions made by the law under which those offences were to be investigated--.--Unless a Special Law expressly or impliedly provided that certain offences were to be tried exclusively by the Courts constituted under such law, the jurisdiction of the ordinary courts to try the offences under Cr.P.C. was not excluded--.--Criminal Procedure Code, 1898 was, therefore, applicable to Foreigners Act, 1946--.-- Accused, instead of filing a revision against the decision of the appellate court, filed second appeal before the High Court, which the High Court converted into revision in…

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