NABI BAKHSH vs State Ss — 2021 PTD 1078 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2021 PTD 1078 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2021
Reporter: PTD
Parties: NABI BAKHSH vs State Ss
Subject matter: Criminal
Provisions referred to: S. 26---S; S. 26; Criminal Procedure Code (V of 1898); General Clauses Act (X of 1897); Customs Act; Pakistan Penal Code; General Clauses Act

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

NABI BAKHSH VS State Ss.85, 89, 156 & 157---Criminal Procedure Code (V of 1898), Ss.561-A & 403---Constitution of Pakistan, Art.13---General Clauses Act (X of 1897), S.26---Smuggling---Quashing of FIR---Protection against double punishment and self incrimination---Person once convicted or acquitted not to be tried for the same offence---Provision as to offences punishable under two or more enactments---Scope---Accused persons sought quashing of second FIR on the ground that it amounted to double jeopardy---Validity---Customs officials were initially busy in discharge of their official duties and were checking the vehicles when a truck arrived at the check post, which was stopped for checking purposes but in the meantime the accused persons also arrived there in another vehicle, forbade the officials from checking the truck, abused and beaten the officials as well as blocked the road by calling more than 100 persons---However, search of the truck resulted into recovery of foreign origin smuggled goods---Customs authorities had rightly lodged the first FIR under the Customs Act, 1969, for the recovery of foreign origin smuggled goods and the second FIR under the provisions of Pakistan Penal Code, 1860 for restraining the officials from performance of their official duties and giving beatings to them---Section 403, Cr.P.C., Art.13 of the Constitution and S.26 of General Clauses Act, 1897, provided that no one could be vexed twice and prosecuted or punished for the same offence, but if one was guilty of offence under another enactment, though by the same chain of facts, he could be tried, convicted and punished under that very offence committed by him---Principle of double jeopardy was not applicable to the facts of the case---Petition, being devoid of merits, was dismissed, in circumstances.

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