Law:

Section:

Criminal Procedure Code, 1898 (V of 1898) ------ ------ ------ Ss. 435 & 439 & 403 ------ Customs Act, 1966, S. 185-F ------ Criminal Revision ------ Persons once convicted or acquitted not to be tried for same offence ------ Petitioner was convicted and sentenced to imprisonment till rising of Court with fine trial Court on his confessional statement ------ No appeal or revision was filed for enhancement of sentence of petitioner ------ Co-accused of petitioner were acquitted by trial Court ------ Judgment of acquittal was set aside and case was remanded back to trial Court ------ Neither petitioner was respondent in said appeal nor a party to said proceedings ------ Even he was not summoned and heard during proceedings of that appeal ------ Petitioner was convicted and he was released alter payment of fine imposed upon him by trial Court ------ Under Section 403, Cr.P.C. in existence of order of conviction, his conviction has not been specifically set aside and petitioner cannot be put to retrial again ------ Revision petition was accepted. Conviction ------ ------ ------ Principle ------ It is settled law that once a person is convicted, he cannot be put to retrial. THIS ORDER PASSED BY: ABDUL SAMI KHAN, JUSTICE:---.--- Through this revision petition under Sections 435 & 439 of Cr.P.C. read with Section 185-F of the Customs Act, 1969, the petitioner has prayed for setting aside order dated 03.06.2013 passed by learned Special Judge, Customs, Lahore whereby the petitioner was summoned for re-trial in case FIR No. 42/2005 dated 30.05.2005 under Section 21, 26, 32, 32-A, 39 of the Customs Act, 1969 registered at Police Station Collectorate of Customs, Sambrial, District Sialkot. 2. After hearing the learned counsel for the parties and going through the documents appended with this petition as well as order passed by learned trial Court dated 03.06.2013, it has been noticed that the petitioner was convicted and sentenced to imprisonment till the rising of Court with fine of Rs. 20,000/- vide order, dated 7.1.2010 by the learned trial Court on his confessional statement. No appeal or revision was filed for enhancement of sentence of the petitioner.…

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