Law: Customs Act, 1969

Section: 156(1)(8),2(s)

Law: Constitution of Pakistan, 1973

Section: 13

Law: Control of Narcotics Substances Act, 1997

Section: 9(c),72,74

Law: Criminal Procedure Code (V of 1898)

Section: 403

(a) Control of Narcotic Substances Act (XXV of 1997)--- ----Ss. 72 & 74---Constitution of Pakistan (1973), Art. 13---Criminal Procedure Code (V of 1998), S. 403---Customs Act (IV of 1969), S.156(1)(8)---Application of the Customs Act, 1969 and other laws--­Effect---Protection against double punishment---Ever since the enactment of the Control of Narcotic Substances Act, 1997 or the promulgation of its predecessor Ordinance all offences had to be tried under the said Special Law, consequently, a trial or a conviction before the Custom Court would be coram non judice and therefore the protection of Art. 13(a) of the Constitution or S. 403, Cr.P.C. would also not apply to such case. (b) Customs Act (IV of 1969)--- ----S. 156(1)(8)---Control of Narcotic Substances Act (XXV of 1997), Ss.6, 7, 9, 72 & 74---Constitution of Pakistan (1973), Art. 13(a)---Criminal Procedure Code (V of 1898), S. 403---Protection against double punishment---Accused after having been convicted and sentenced under S.156(1)(8) of the Customs Act, 1969 was also convicted and sentenced under S. 9 of the Control of Narcotic Substances Act, 1997, for the same offence---Sections 72 & 74 of the Control of Narcotic Substances Act, 1997 provided that all offences had to be tried under the said Special Law and the trial or conviction by the Custom Court was coram non judice and therefore, the protection of Art. 13(a) of the Constitution or of S. 403, Cr.P.C. was not applicable---Offence having been committed by the accused before coming into force of the Control of Narcotic Substances Act, 1997, the same as such was not operative at the time of the commission of the offence---Conviction and sentence of accused both under the Customs Act, 1969 and the Control of Narcotic Substances Act, 1997 were consequently set aside---Accused had already been repatriated to his own country after serving his sentence under the Customs Act, 1969 and in the peculiar circumstances of the case no illegality could be attributed to such action---Appeal was disposed of accordingly-- [Xiomori Moria and another v. State 2000 PCr.LJ 956 dissented from]. Mark Mifsud v. Investigation Officer PLD 1999 Kar.336…

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