2005 PLP 1340 (SCMR)

TANVIR AHMED KHAN, J.

Leave to appeal is sought against two separate judgments dated 13-4-2000 involving similar point passed by a learned Division Bench of the Lahore High Court, Lahore, accepting the writ petitions filed by the respondents and declaring the proceedings pending against them before the learned Sessions Judge, Lahore emanated out of F.I.Rs. Nos.121 of 1995 and 122 of 1995 registered on 1-11-1995 at Police Station Sarwar Road, Lahore Cantt. under the Control of Narcotics Substance Act, 1997 (hereinafter referred to as the Act), illegal and without lawful authority. We need not give the facts of the case in detail. Suffice it to say that both the respondents, foreign nationals, were found carrying 25 Kgs. and 13 Kgs. heroin respectively and aforesaid F.I.Rs. were registered against them at Police Station Sarwar Road, Lahore Cantt, on 1-11-1995 under sections 16/32/139/156(1)(8)(70)/157/178 of the Customs Act, 1969, read with sections 9(c) and 71 of the Act. After usual investigation the challan was submitted in both the cases before the learned Special Judge Customs, Lahore, who through different judgments convicted and sentenced the respondents to five years and seven years' R.I. respectively with a direction that another challan under the Act be submitted before the learned Sessions Judge, Lahore. These judgments were challenged by the respondents through separate writ petitions. A learned Division Bench of the Lahore High Court, Lahore, through the impugned judgments dated 13-4-2000 declared the direction for second trial before the learned Sessions Judge being violative of Article 13 of the Constitution of the Islamic Republic of Pakistan, 1973. The present petitions were filed by the department in May, 2000. On the last date of hearing on 21-3-2003, we directed the Superintendent, Central Jail, Lahore, to appear and inform this Court about the whereabouts of the respondents. Today he has entered appearance and stated that both the respondents after serving out their sentences recorded by the learned Special Judge Customs were released from jail on 1-7-2000 and 17-5-2000 respectively. This being so the respondents, being foreign nationals, have left the country nearly three years ago. In ,the circumstances it would be an exercise in futility to consider the case of the petitioner in the facts and circumstances of the case in hand. Resultantly, both the above petitions are dismissed reserving the right of the petitioner to approach this Court in an appropriate proceeding involving similar question well within time. S.A.K./S-287/S Petitions dismissed.