FECTO CEMENT LIMITED Versus COLLECTOR OF CUSTOMS APPRAISEMENT

ORDER

In this case pre-admission notice was issued to the learned Advocate-General and in pursuance thereof Mr. Ijaz Ahmed Chaudhary, Assistant Advocate-General appeared and stated that three cases under Article 3/4 of the Prohibition (Enforcement of Hadd) Order (4 of 1979) have been registered against the petitioner at two different police stations for the recovery of heroin of 22 grams, 200 grams and 810 grams respectively. The investigation in all the three cases having been completed and the challans have been submitted in the Court and the trial is likely to be commenced.

2. The argument of the learned counsel that three F.I.Rs. have been registered against the petitioner in violation of Article 13 of the Constitution i.e. no person shall be prosecuted or punished for the same offence more than once, is without any substance because three different cases have been A registered of three different recoveries which were effected on different dates. However, when the challans against the petitioner have been submitted in the Court, the petitioner if so advised may move an application under section 249-A, Cr.P.C. for his acquittal before the learned trial Court who will decide the same on merits.

3. With this observation, this petition is disposed of.

N.H.Q./M-1422/L Petition disposed of.