Law: Customs Act, 1969

Section: 13(a),156(1),156(8)

Law: Criminal Procedure Code (V of 1898)

Section: 403

Law: Constitution of Pakistan, 1973

Section: 13(a)

Law: Control of Narcotics Substances Act, 1997

Section: 9(a),9(b),9(c)

Control of Narcotic Substances Act (XXV of 1997)---S. 9(a)(b)(c)---Customs Act (IV of 1969), S.156(1)(8)--- Criminal Procedure Code (V of 1898), S.403---Constitution of Pakistan (1973), Arts.13(a) & 185(3)---Leave to appeal was granted by Supreme Court in the case to examine whether the offence under S.156(1)(8) of the Customs Act, 1969 and the offences under S.9(a)(b)(c) of the Control of Narcotic Substances Act, 1997 were same offences and if an accused was convicted and sentenced under any of the provisions out of both these laws, his trial/conviction/sentence under the other law would be a bar in view of the provisions of Art. 13(a) of the Constitution and S.403, Cr.P.C. State through Collector of Customs v. Naseem Amin Butt and others 2001 SCMR 1083; Hoot Khan v. Industrial Relations Commission PLD 1977 Kar. 144; Muhammad Ashraf and others v. The State 1995 SCMR 626 and The State v. Anwar Khattak and others PLD 1990 FSC 62 ref. ORDER IFTIKHAR MUHAMMAD CHAUDHRY, J.---Petitioner Shadi Khan seeks leave to appeal against the judgment dated 16-7-2001 passed by High Court of Balochistan, Quetta whereby appeal filed by him challenging conviction/sentence awarded to him alongwith co-accused (not before this Court) to imprisonment for life with fine of Rs.5,00,000 vide judgment dated 18th January, 2001 has been dismissed. 2. Precisely stating the facts of the case as have been disclosed by the prosecution during the trial of the case are that on 5th July, 1999, Customs Authorities posted at Punjgoor, during patrolling intercepted an unnumbered Toyota Pick-up on crossing of Pir Umar Jan. Statedly Abdul Wahid was driving the vehicle whereas petitioner Shadi Khan alongwith one another person namely Abdul Samad were occupying co-driver seats. On search of the vehicle seven gunny bags containing 184 small cotton bags of liquid opium weighing 2 Kgs. each were recovered. Besides it one Kalashnikov, 280 live rounds of Kalashnikov, 4 empty magazines were also taken into possession from the vehicle. After apprehending the petitioner and two others initially a case under the provisions of the Customs Act, 1969 was registered against them besides registering a separate…

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