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P L D 2000 QUETTA 26

P L D 2000 QUETTA 26

SAKHI DOST JAN

V/S

THE STATE

Per Iftikhar Muhammad Chaudhary, C.J.

(a) Constitution of Pakistan (1973) Arts. 13 & 199

Criminal procedure Code (V of 1898), S. 403—General Clauses Act (X of 1897), S. 26—Prohibition (Enforcement of Hadd) Order (4 of 1979), Arts. 3 & 4—Dangerous Drugs Act (II of 1930), Ss. 8 & 14—Constitutional petition —Double punishment for same offence—Two separate trials of the petitioners were conducted one under Arts. 3 & 4 of Prohibition (Enforcement of Hadd) Order, 1979 and the other under Ss. 8 & 14 of Dangerous Drugs Act. 1930—Validity—Trial of the petitioners under both the statutes was not violative of the provisions of Art. 13 of the Constitution read with statutory laws S. 403, Cr. P. C. and S. 26, General Clauses Act 1897–Double punishment and not the trial was prohibited. [p. 38] B

(b) Constitution of Pakistan (1973) Arts. 247 & 1

Prohibition (Enforcement of Hadd) Order (4 of 1979), Art. 1(2)— Applicability—Prohibition (Enforcement of Hadd) Order, 1979 was applicable to Federally Administered Tribal Areas. [p. 38] C

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