Law: Customs Act, 1969

Section: 139

Control of Narcotic Substances Act (XXV of 1997)--Ss. 9-C & 71---Customs Act (IV of 1969), Ss. 16/32/139/156(1)(8)(70)/157/178---Constitution of Pakistan (1973), Arts. 13, 185(3) & 199---Quashing of proceedings before Sessions Judge---Challan against accused in both cases were submitted before Special Judge Customs, who convicted and sentenced accused with direction to submit another challan under Control of Narcotic Substances Act, 1997 before Sessions Judge---High Court in Constitutional petition declared such direction for second trial before Sessions Judge to be violative of Art.13 of the Constitution---Validity---Accused after serving sentence awarded by Special Judge Customs had been released from Jail and being foreign national had left the country three years ago---Considering case of petitioner in such circumstances would be an exercise in futility---Supreme Court dismissed petition reserving right of petitioner to approach Supreme Court in appropriate proceeding involving similar question well within time. ORDER TANVIR AHMED KHAN, J.--- Leave to appeal is sought against two separate judgments dated 13-4-2000 involving similar point passed by a learned Division Bench of the Lahore High Court, Lahore, accepting the writ petitions filed by the respondents and declaring the proceedings pending against them before the learned Sessions Judge, Lahore emanated out of F.I.Rs. Nos.121 of 1995 and 122 of 1995 registered on 1-11-1995 at Police Station Sarwar Road, Lahore Cantt. under the Control of Narcotics Substance Act, 1997 (hereinafter referred to as the Act), illegal and without lawful authority. We need not give the facts of the case in detail. Suffice it to say that both the respondents, foreign nationals, were found carrying 25 Kgs. and 13 Kgs. heroin respectively and aforesaid F.I.Rs. were registered against them at Police Station Sarwar Road, Lahore Cantt, on 1-11-1995 under sections 16/32/139/156(1)(8)(70)/157/178 of the Customs Act, 1969, read with sections 9(c) and 71 of the…

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