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KHUDA BAKHSH versus THE STATE


Prohibited (Enforcement Head) Order 1979 Article 4 Customs Act (IV of 1969), Section 156 Joint Trial Justification for which the customs authority allegedly exported a large quantity of heroin, to the Special Judge (Customs) Was sent to the special judge. Combined charges against the accused for two offenses, one under section 156 of the Customs Act, 1969 and the other under Article 4 of the Prohibition (Enforcement Hood) Order, 1979, the special judge conducted a trial and concluded it. Afterward, the offender was sentenced for both offenses. For which he was accused of jointly prosecuting the accused by a special judge for two separate offenses, it was illegal and without legal authority and he was given an impartial verdict in which the special judge The decision was made so far as it relates to Article 4 of the prohibition. Hard) Order, 1979 and the Sessions Judge was instructed to conduct a de novo trial against the accused by making fresh charges under Article 4 of the said Order.

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