Law: Constitution of Pakistan 1973

Section: 199 , 561-A

  Constitution of Pakistan (1973)--- ---Art.l99---Criminal Procedure Code (V of 1898), S.561-A---Constitutional petition under Art. 199 for quashing F.I.R.---Such remedy being conveniently available under S. 561-A, Cr.P.C. as an effective and alternate remedy, Constitutional petition on that ground would be barred by Art. 199. Criminal Procedure Code (V of 1898)--- ----S.403---Accused were not named in F.I.R. but were being dealt with departmentally and could only be punishable for misconduct which would not amount to a conviction for an offence---Maxim: Nemo debet bis punire pro uno delicto (no one shall be twice punished for the same offence) embodied in S.403, Cr.P.C. would not be attracted in the case of accused as they were being dealt with departmentally and there was no likelihood of being sent up for trial under the first F.I.R. 1978 P Cr. L J 262 ref. Words and phrases--- ---- Expression "to prosecute"---Meaning. Prosecution--- ---- Prosecution of a person commences only when proceedings before a Court of law are initiated against him.--[Criminal trial]. Constitution of Pakistan (1973)--- ----Art.l3(a)---Bar contained in Art. 13(a) is attracted when a person is actually prosecuted more than once for the same offence. PLD1980SC6ref. Raja Qureshi for Petitioner. Date of hearing: 2nd April, 1990. JUDGMENT IMAM ALI G. KAZI, J.--The Customs House, Karachi cleared two imported Toyota cars on 26-10-1989 as old used vehicles of 1987 Model. The Appraising Intelligence Branch of the Customs Department received information that in fact the cars cleared   by the Customs House as old cars of 1987 Models were brand new cars of 1989 Model. They then started enquiry into the matter. On 30-10-1989 one of the cars was seized by the Appraising Intelligence Branch. It appears that the clearing agents who were responsible for the clearance of the said imported cars were required to make up the short levy of custom duty on both the cars which they made up by depositing three pay orders in favour of the Collector of Customs. As the result of investigation referred to hereinabove a first information report was recorded under section 156 (1) (a) (14)(77) of…