STATE through Regional Director ANF, Peshawar vs IRSHAD KHAN
This matter involves two connected criminal revisions arising from FIR No. 01 dated 3.1.2012, registered under Section 9(c) of the Control of Narcotic Substances Act, 1997, at Police Station ANF, Peshawar. The accused individuals were initially charged with the possession and trafficking of 4.800 kilograms of charas and one kilogram of opium. Following the commencement of the trial, the accused entered a plea of guilt, resulting in their conviction and sentencing by the Special Court (CNS), Peshawar. The core legal question before the High Court was whether the pending criminal revisions remained maintainable after the trial court had already concluded the main case and issued orders regarding the case property. The High Court held that because the main case had been fully disposed of and the ancillary orders concerning the case property had been finalized by the trial court, the criminal revisions had effectively become infructuous. Consequently, the Court dismissed both criminal revisions, establishing the principle that appellate or revisional proceedings become moot once the underlying trial proceedings and related orders have been fully executed and finalized.
- Does a criminal revision petition become infructuous if the main trial case has already been disposed of?
- Can a criminal revision be maintained after the trial court has passed final orders regarding the case property?
- Section 9(c), Control of Narcotic Substances Act 1997
Through this single judgment I propose to dispose of the instant Criminal Revision No, 97-P/2012 as well as the connected Criminal No, 115-P/2012 as both of them are the outcome of case FIR No, 01 dated 3.1.2012 under Section 9(c) CNS Act, 1997 registered at Police Station, ANF, Peshawar.
2. Short facts of the case are that on 3.1.2012 at about 7.30 hours near Motorway Tool Plaza accused Shah Zaib and Alamgir were found in possession of 4.800 kiolgrams charas pukhta and one kilogram opium which they were trafficking through Motorcar No, LOS-4034.
3. After completion of investigation, the case was put to trial before the Judge, Special Court (CNS), Peshawar where the accused were formally charged on 10.2.2012. During the trial on 22.11.2012 the aforesaid accused moved an application to the effect -that they are ready A to admit their guilt and their joint statement was recorded and in the light of the said joint statement both the accused were convicted under Section 9(c) CNSA and sentenced to undergo to six months R. I. with a fine of Rs, 50,000/- each or in default to further undergo two months S.I.
4. At the very outset learned counsel for the respondent pointed out that since the main case has been disposed of and the order regarding the case property has also been passed by the learned trial Court therefore, these Cr. Revisions have become infructuous. The learned Special Public Prosecutor for ANF did not controvert the above proposition.
5. In this view of the matter, both the criminal revisions are dismissed having become infructuous.