' This is a petition for staying proceedings in the Court of learned Special Judge, Customs, Lahore till the decision of the challan submitted by F.IA.
2. The relevant facts are that on 25-4-1990 a container was cleared from Dry Port Mughalpura, Lahore. On the receipt of some secret information it was brought back to the Dry Port and opened.
Huge quantity of bottles of foreign whisky was recovered from it. During investigation Sajid Cheema, Inspector Customs, Dry Port, Lahore and one Arif were found to be involved in the case.
Consequently case was registered against them under sections 156 and 178, Customs Act, 1969.
Muhammad Arif was also arrested by the police. Following the completion of investigation challan was submitted against Sajid Asghar Cheema and Muhammad Arif, etc. The case is still pending in the said Court. Meanwhile, F.IA. Also registered a case against Sajid Asghar Cheema and G.M. Mirza, Superintendent Customs Baggage Section, Dry Port Mughalpura, Lahore and other officials of the Dry Port under Article 3/4 of the Prohibition Order and section 5/2/47 of the Prevention of Corruption Act. As a result of the investigation conducted by F.IA. a report was submitted to the Court that since no material was available against Sajid Asghar Cheema Inspector steps were being taken to get him discharged from the case. However, challan of his co-accused was filed for their trial.
3. It is contended on behalf of Sajid Asghar Cheema that he was being tried on the same allegations by two different agencies, one by the F.IA. And the other by the Customs Authorities which was not permissible by the Constitution as no one could be subjected to double prosecution for the same offence.
4. I have considered the contentions of the learned counsel for the petitioner. The F.I.R. Has placed Sajid Asghar Cheema in Column No,2 while he has been challaned in the Customs case by Railway Police Station, Mughalpura, Lahore. Officials of the Customs Department are cited as prosecution witnesses.
5. The petitioner submitted an application to the Special Judge Customs, Lahore on 1-9-1991 for staying the proceedings under section 403, Cr.P.C. But before its disposal he has approached this Court.
6. Since the learned trial Court is also seized of the matter, I do not consider it appropriate to interfere in the matter and direct that the petitioner should agitate the matter before the learned trial Court and may come to this Court after disposal of his petition.
Disposed of with the above direction.
Order a ccor