| Case ID |
38e01057-f735-490a-a72d-8ee7f45b9869 |
| Body |
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| Case Number |
Constitutional Petition No.984 of 1999 |
| Decision Date |
Nov 10, 1999 |
| Hearing Date |
Nov 10, 1999 |
| Decision |
The Constitutional petition filed by Sakhi Dost Jan was dismissed. The court found that the trial of the petitioner under both the Prohibition (Enforcement of Hadd) Order, 1979 and the Customs Act, 1969 did not violate the provisions against double jeopardy as defined in Article 13 of the Constitution of Pakistan. The judges noted that the offences under the two legislations were distinct, and the evidence for each did not overlap sufficiently to constitute the same offence. The court concluded that the separate trials were permissible under the law, thus affirming the legality of the proceedings against the petitioner and rejecting claims of unlawful trial. |
| Summary |
This case revolves around the legal principles of double jeopardy and the distinct nature of offences under the Prohibition (Enforcement of Hadd) Order, 1979 and the Customs Act, 1969. The petitioner, Sakhi Dost Jan, challenged the legality of his trial under two different statutes for allegedly committing related but distinct offences. The court assessed whether the principles outlined in Article 13 of the Constitution, which prohibits double punishment, applied to his case. The judges emphasized that the offences were not identical in nature and had different legal ingredients, allowing for separate prosecutions. This ruling is significant in clarifying how different laws can interact within the legal framework of Pakistan, particularly concerning drug-related offences and customs violations. The decision reinforces the boundaries of legal interpretations regarding double jeopardy and the applicability of various laws to specific criminal acts. The court's ruling also highlights the importance of clear legislative distinctions in ensuring fair trials while upholding justice. |
| Court |
Balochistan High Court
|
| Entities Involved |
Not available
|
| Judges |
Iftikhar Muhammad Chaudhary, Chief Justice,
Aman Ullah Khan Yasinzai, Justice
|
| Lawyers |
Khalid Ranjha,
Amanullah Kanrani,
Tariq Mahmood
|
| Petitioners |
Sakhi Dost Jan
|
| Respondents |
The State
|
| Citations |
2000 SLD 669,
2000 PLD 26
|
| Other Citations |
Jamshed Ali v. The State 1988 PCr.LJ 881,
State v. Anwar Khattak and others PLD 1990 FSC 62,
PLD 1998 Lah. 239,
PLD 1998 Lah. 307,
PLD 1998 Kar. 159,
1997 PCr.LJ 1771,
PLD 1993 SC 247,
PLD 1983 Lah. 71,
PLD 1982 FSC 265,
1981 SCMR 1008,
PLD 1961 Lah. 269,
PLD 1977 Kar. 144,
1985 PCr.LJ 499,
1987 MLD 1948,
1995 SCMR 626,
1998 PCr.LJ 1352
|
| Laws Involved |
Prohibition (Enforcement of Hadd) Order,
Customs Act,
Constitution of Pakistan,
Criminal Procedure Code,
General Clauses Act,
Dangerous Drugs Act
|
| Sections |
3,
4,
156,
13,
199,
403,
26,
8,
14
|