Law: Criminal Procedure Code (V of 1898)

Section: 403,265-K

Law: Customs Act, 1969

Section: 2(s),16,178,156(1)(8)(82)(89)

Law: Control of Narcotics Substances Act, 1997

Section: 9(c),6

Law: Constitution of Pakistan, 1973

Section: 13,199

(a) Criminal Procedure Code (V of 1898)-------S. 403---Constitution of Pakistan (1973), Art.13---Two trials for one offence---Validity---One shall not be vexed twice for one -and the same cause.Mark Mifsud Mrs. Rosemarie Morley and 2 others v. Investigating Officer, Customs PLD 1-999 Kar. 336 ref.(b) Criminal Procedure Code (V of 1898)-------S. 403---Customs Act (IV of 1969), Ss.2(s), 16, 178 & 156(1)(8)(82)(89)---Control of Narcotic Substances Act (XXV of 1997), S.9(c)---Constitution of Pakistan (1973), Arts.13 & 199---Constitutional petition---Doctrine of double jeopardy---Applicability-=-Narcotic was recovered from petitioners in departure hall of the International Airport--�Department had initiated two trials one before the Special Judge (Customs and Taxation) under Ss.2(s), 16, 178, 156(1)(8)(82)(89), Customs Act and the other before Special Judge under S.9(c) of Control of Narcotic Substances Act, 1997---Application under S.265-K, Cr.P.C. filed by the petitioners before the Special Judge was dismissed---Contention by the Department was that without conviction or acquittal , by the Court of competent jurisdiction, petitioners could nor be said to have faced double jeopardy---Validity---Trial in the Court of Special Judge (Customs and Taxation) would either result in conviction or acquittal on the basis of facts, evidence and alleged recovery in the case while the other trial under S.9(c) of Control of Narcotic Substances Act, 1997. in presence of same facts and in same set of evidence by the Special Judge, would patently result in a duplicate punishment or at least a duplicate trial in violation of the doctrine of double jeopardy---Aggrieved person could seek the quashing of such proceedings without first having been convicted or acquitted for the same offence by a Court of competent jurisdiction---Proceedings under Ss.6 & 9(c) of Control of Narcotic Substances Act, 1997, pending before the Special Judge; were ordered to be quashed---Petition was allowed accordingly.Mark Mifsud Mrs. Rosemarie Morley and 2 others v. Investigating officer Customs PLD 1999 Kar. 336 fol.JUDGMENT GHULAM RABBANI, J.---This Constitutional petition has been…