Geneva Convention

Matter formerly agitated in a Constitutional Petition wherein High Court, while remanding case, directed to determine entitlement of parties in possession of house in question afresh and decided case keeping in view provisions of law after considering claims of occupants of property

Notified Officer omitting to consider and determine questions raised before him in light of order of High Court

Such omission of Notified Officer, held, would tantamount to failure to exercise jurisdiction which rendered order without lawful authority and of no legal effect.

R. 42 (6) (a) read with Dangerous Drugs Act (II of 1930), S. 13, Constitution of Pakistan (1973), Art. 13 (a), Convention on Narcotics Drugs, 1961, Geneva Convention on Dangerous Drugs. and General Clauses Act (X of 1897), S. 26

Illicit export of narcotics-Accused's action amounting to an offence under Dangerous Drugs Act, 1930 Does not preclude such person's prosecution under Defence of Pakistan Rules, 1971-Offender liable to prosecution under either or both enactments-Illicit export of charas to friendly countries likely to prejudice Pakistan's relations with foreign countries especially in view of International Conventions, petitioner's prosecution under r. 42 (6) (a) could possibly be pleaded to bar prosecution under S. 13, Dangerous Drugs Act, 1930 on basis of Constitution (19 13), Art. 13 (a), yet petitioner not being prosecuted under Dangerous Drugs Act, 1930, prosecution under r. 42 (6) (a), held not barred.