h1

2005 SCMR 1340

THE STATE THROUGH COLLECTOR OF CUSTOMS
V/S
MAEDULELLE MANDLENKOSI JEROM

Per Tanvir Ahmed Khan, J-

Constitution of Pakistan (1973), Arts. 13, 185(3) & 199-
R/w Control of Narcotic Substances Act (XXXV of 1997)
Ss. 9-C & 71-Customs Act (IV of 1969) Ss. 16/32/139/
156(1)(8)(70)/157/178-

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 proceedings involving similar question well within time.[p. 1341] A & B

Petitions dismissed.

K.M. Virk, Advocate Supreme Court with
Muhammad Islam, Advocate-on-Record for petitioner.

Ch. Muhammad Afzal, Superintendent, Central Jail,
Lahore for Respondents.

Date of hearing : 31st March, 2003.

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