| Citation(s) |
|---|
| 1992 SLG 1976 1992 SLD 1976 1992 PLJ 30 |
Lahore High Court
Criminal Appeal Nos. 157 and 158 of 1991 and W.P. Nos. 969 and 970 of 1991, decided on 25.9.1991.
GUT ZARJN KLAM. J
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Criminal Appeal Nos. 157 and 158 of 1991 and W.P. Nos. 969 and 970 of 1991, decided on 25.9.1991.
GUT ZARJN KLAM. J
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ANWAR JAMAL HUSSAIN and anotherAppelIants
VS
THE STATERespondcnt
Law: Criminal Procedure Code (V of 1898)
Section: 397
Law: Customs Act, 1969
Section: 156(1)(8)
Law: Prohibition (Enforcement of Hadd) Order, 1979
Section: 4
Law: Limitation Act, 1908
Section: 5
(i) Criminal Procedure Code, 1898 (V of 1898)-- —-S. 397 read with Customs Act, 1969, Section 156(1) (8) and Prohibition (Enforcement of Hadd) Order, 1979, Article 4-Heroin-Smuggling and possession of—Convictions under Customs and Prohibition Order—Prayer to order both sentences to run concurrently—If a person is already undergoing sentence and is subsequently sentenced to another term, such imprisonment is to commence after expiration of sentence in previous case—Only subsequent court can order sentence to run concurrently with previous sentence—No such order was made by courts trying offence under Article 4 of Prohibition rder- No appeal before Federal Shariat Court was filed by petitioners in writ petitions—Held: Neither under inherent powers under Section 61-A of Cr.P.C. nor under constitutional jurisdiction under Article 199 of Constitution, High Court can order such sentences to run concurrently—Writ petitions dismissed. [Pp.3536]D AIR 1978 Delhi 114 rel (ii) Limitation Act, 1908 (IX of 1908)- —S. 5 read with Customs Act, 1969, section 156(l)(8)-Heroin-Smuggling of-Conviction under Customs Act, 1969—Appeal against—Condonation of delay in filing appeal—Appellate court has power to excuse and condone delay if.it is satisfied that appellants had sufficient cause or good reason for not filing appeal within time—Held: As appellants were foreigners and had none to lookafter their defence and advise them properly, delay in filing appeals by them is excused and condoned. [P.34]B (iii) Sentence-- -—Heroin-Smuggling of--Convicion under Custom Act, 1969-Appeals against- -Appellants having pleaded guilty, only .quantum of sentence or its legaltiy an be seen—Appellants hjve been tried, convicted and sentenced in separate trials by Special Judge (Customs) and Courts under…
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