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Petitioner: SIKANDAR HAYAT KHAN VS Respondent: THE STATE and 2 others
Court Name: Lahore High Court Judge(s): Sayed Zahid Hussain, Malik Muhammad Qayyum Title: SIKANDAR HAYAT KHAN vs THE STATE and 2 others Case No.: Writ Petition No,9731 of 2000 Date of Judgment:2000-06-12 Reported As: 2001 P Cr. L J 248 Result: Petition allowed
JUDGMENT
JUDGMENT ' MALIK MUHAMMAD QAYYUM, J.--- The point in issue in this petition is as to whether a person who has been tried by the Special Judge Customs and either acquitted or convicted for smuggling or being in possession of narcotic can be tried for the second time by the Special Judge under the Control of Narcotic Substances Act, 1997. 2. This question came up for consideration before us in Sabir Aziz v. Sessions Judge, Lahore, 2000 PCr.LJ 204 wherein after exhaustive review of the case-law on the subject it was held that in view of Article 13 of the Constitution of Islamic Republic of Pakistan, 1973 as also section 26 of the General Clauses Act and section 403 of the Code of Criminal Procedure, the second trial was barred. It was also observed that in such cases the offence is one and the same, which smuggling and carrying of narcotics. The facts of the aforesaid criminal miscellaneous petition are on all fours with the present case. ' In view of what has been said above, we allow this petition and quash the case pending against the petitioner in the Court of Special Judge, Narcotics/Special Judge, Lahore. There shall be no order as to costs.