1994 P Cr (PLP)

Zaheer Qureshi for the State. Date of hearing: 5th October, 1992. Applicant Karimi Rahmatullah, an Afghan National, in his attempt to travel to New York by P.IA. Flight No.PK-703 on 18-12-1990, was apprehended by the Customs Authorities from the International Departure Lounge of Terminal III of Karachi Civil Airport. In the process the applicant was found to be carrying 6 kilograms of heroin soacked in certain card boards. After usual investigation the applicant was sent up to stand trial for offences under section 156(1)(8) of the Customs Act, 1969 in the Court of Special Judge (Customs and Taxation) at Karachi. Pakistan Narcotics Control Board became aware of this incident and took note of it on the basis of a judgment of the Federal Shariat Court that in such type of cases they have to file a separate F.I.R., investigate the case and send up the accused for trial before the concerned Sessions Judge for offences under Article 3/4 of Prohibition (Enforcement of Hadd) Order, 1979. They, therefore, registered another F.I.R. and after investigation of the offence sent up the applicant for trial for such offences in the Court of Sessions Judge, Karachi (East). Both the cases mentioned above are pending in two respective Courts. The present application under section 561-A, Cr.P.C. has been filed seeking quashment of the case sent up for trial under the F.I.R. registered by Pakistan Narcotics Control Board and pending in the Court of Sessions Judge, Karachi (East). Mr. Rana M. Shamim, Advocate for the applicant, at the very outset very frankly conceded that he would not press for the quashment of the proceedings of the case referred to above as prayed for in this application but he will be content if the proceedings of one of the two cases are stayed till the case is proceeded and decided by the other Court. In support of his such contention he has referred to the case published in Muhammad Haroon v. The State 1980 P Cr. L J

759. He further informs the Court that the judgment passed in this case was approved by the Supreme Court of Pakistan published in Muhammad Haroon v. The State 1980 S C M R

725. Mr. Zaheer Qureshi, Advocate appearing for the State; in view of the two judgments mentioned above, does not oppose the prayer sought by Mr. Rana M. Shamim, Advocate for the applicant. The case of Muhammad Haroon v. State, published in 1980 P Cr. L J 759 lays down a rule of practice in cases where on the basis of common facts a person is tried in two different forums under two different enactments for offences based on common set of facts. As the trial of the same set of facts in the two different forums under two different enactments will involve unnecessary trouble to such a person, a rule was laid down that one of the two cases, at the choice of prosecution, can conveniently be proceeded with, while the other case stayed till the decision of the case proceeded with to avoid trouble to such accused person to simultaneously face two trials at a time, although trial in the two cases be not barred under section 403, Cr.P.C. This case was taken to the Honourable Supreme Court of Pakistan and rule of practice laid down by the High Court approved. For the same reasons it will be; open to the prosecution to select one of the two cases and in the first instance proceed with it and during the period that case is tried the other case shall stand stayed immediately when the prosecution intimates the choice exercised by it to the other Court. This application is allowed to the extent indicated above. It will, however, be open to the applicant to raise all possible pleas available to him during the trial of the two cases. N.H.Q./K- 335/K Order accordingly.