Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S.403---Control of Narcotic Substances Act (XXV of 1997), Ss.6 & 7--­Customs Act (IV of 1969), S.156(1)(8)---Constitution of Pakistan (1973), Arts. 13(a) .& 185(3)---Petition for leave to appeal---Time-barred--­Condonation of delay---Question of general. public importance---Doctrine of double jeopardy---Accused was arrested at the airport for smuggling of heroin powder weighing 700 grams---Trial was conducted under S.156(1)(8) of Customs Act, 1969, and on the basis of confession of the accused, he was sentenced to two years' imprisonment---While the accused was undergoing the sentence, second trial under Ss.6 & 7 of Control of Narcotic Substances Act, .1997, was initiated by the Authorities and on the basis of confession of the accused, he was again convicted and sentenced to four years' imprisonment---High Court declared that trial and conviction before Customs Court was coram non judice---Petition for leave to appeal, on the face of record, appeared to be barred by 273 days and no notice had been issued to the Attorney-General or the Deputy Attorney-General while interpreting the provisions of the special law contained in Control of Narcotic Substances Act, 1997---Contention of the State was that it had been the practice of Supreme Court to act with leniency in condoining the delay, in cases relating to criminal justice system, where important questions of general public importance were involved---Validity---Leave to appeal was, granted by Supreme Court to consider; whether the view taken by the High Court was in consonance with law and could be sustained view of the reported as Sabir Shah v. Shad Muhammad Khan PLD 1995 SC 66. Mark Mifsud v. Investigation Officer PLD 1999 Kar. 336; Xiomori Moria v. State 2000 PCr.LJ 956; Muhammad Ashraf v. State 1995 SCMR 626 and State v. Anwar Khattak PLD 1990 FSC 42 ref. ORDER RANA BHAGWANDAS, J.---Petitioner seeks leave to appeal against the judgment of Full Bench of the Sindh High Court dated 15-1-2001 in Criminal. Appeal No. 170 of 1999. 2. Respondent No. 1, having been found to be in possession of 700 grams of heroin powder before boarding an International Flight at…

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