| Case ID |
00c38572-a2ee-4ba7-8aa6-2343ea458761 |
| Body |
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| Case Number |
Constitutional Petition No. D-1922 of 1999 |
| Decision Date |
Jan 31, 2000 |
| Hearing Date |
Dec 24, 1999 |
| Decision |
In this landmark decision, the Sindh High Court ruled on Constitutional Petition No. D-1922 of 1999, filed by Rehmat Khan against D.G. Intelligence and Investigation (Customs and Excise). On January 31, 2000, the court quashed the proceedings in Special Case No. 114 of 1999 under Section 6 9-C of the Control of Narcotic Substances Act, pending trial before the 1st Additional Sessions Judge, Malir, Karachi. The judgment underscored the doctrine of double jeopardy, preventing the petitioner from facing multiple prosecutions for the same offense. Despite this, the ongoing trial before the Special Judge, Customs and Taxation, Karachi, regarding the possession and smuggling of heroin, remains unaffected by this ruling. |
| Summary |
The Sindh High Court adjudicated Constitutional Petition No. D-1922 of 1999, filed by Rehmat Khan against the Director-General of Intelligence and Investigation (Customs and Excise). Decided on January 31, 2000, with hearings on December 24, 1999, the case centered around the doctrine of double jeopardy in the context of narcotics smuggling. The petitioner faced dual prosecutions under the Criminal Procedure Code, Customs Act, and Control of Narcotics Substances Act for the same offense of heroin possession and smuggling. The court referenced key case law, including Mark Mifsud v. Investigating Officer, Customs, to emphasize that multiple trials for the same offense violate constitutional protections. Consequently, the court quashed the proceedings in Special Case No. 114 of 1999 under the Control of Narcotic Substances Act before the 1st Additional Sessions Judge, Malir, Karachi, while allowing the ongoing trial in the Special Judge, Customs and Taxation, Karachi to proceed. This decision reinforces legal safeguards against double prosecution and highlights the judiciary's role in upholding constitutional rights in narcotics cases. |
| Court |
Sindh High Court
|
| Entities Involved |
Directorate-General of Intelligence and Investigation (Customs and Excise),
Special Judge, Customs and Taxation, Karachi,
1st Additional Sessions Judge, Malir, Karachi
|
| Judges |
SAIYED SAEED ASHHAD,
GHULAM RABBANI
|
| Lawyers |
Ilamdin Khattak,
Naimur Rahman
|
| Petitioners |
REHMAT KHAN
|
| Respondents |
D.G., INTELLIGENCE AND INVESTIGATION (CUSTOMS AND EXCISE)
|
| Citations |
2000 SLD 351,
2000 PLD 181
|
| Other Citations |
Mark Mifsud Mrs. Rosemarie Morley and 2 others v. Investigating Officer, Customs PLD 1-999 Kar. 336,
PLD 1999 Kar. 336 fol.
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Customs Act, 1969,
Control of Narcotics Substances Act, 1997,
Constitution of Pakistan, 1973
|
| Sections |
403,
265-K,
2(s),
16,
178,
156(1)(8)(82)(89),
9(c),
6,
13,
199
|