1. ' SYED NAZIM HUSSAIN SIDDIQUI, C .J.---Petitioner Ms. Higham Sandra, who is a national of South Africa, has prayed for the following reliefs: "(i) That the respondent No,1 has acted illegally and without lawful authority for filing the impugned second charge-sheet in Special Case No,56 of 1998 in the Honourable Court of the respondent No,2 and has no legal effect. The petitioner may kindly be ordered to be set at liberty forthwith.
(ii) That the cognizance taken and order passed on 3-11-1998 for sentencing the petitioner in the second case on the same facts, evidence and property by the respondent No,2 is also illegal and without lawful authority and sentence so awarded in Special Case No,56 of 1998 may kindly be set aside and the petitioner be set at liberty forthwith.
(iii) That any other relief or reliefs as this Honourable Court may deem fit to the circumstances of the case.
(iv) Cost of the petition."
2. ' By consent, the petition is admitted for its disposal on merits.
3. ' It is alleged that on 29-7-1997 at about 6.45 a.m. At the International Departure of Jinnah Terminal Complex, Quaid-e-Azam, International Airport Karachi, petitioner Ms. Higham Sandra was arrested and from her possession 3300 grams heroin powder was recovered, when she was bound to leave for Johannesburg by Kenyan Airways Flight No,KQ-311.
4. ' Necessary charge under section 156(8) of Customs Act, 1969, was framed against her by learned Special Judge (Customs & Taxation) Karachi, and she was convicted and sentenced to suffer R.I.
5. For three years and to pay a fine of Rs,100,0Q0 or in default thereof to suffer R.I. For 7 months more, as per judgment, dated 19-8-1997. She preferred an appeal against said conviction and sentence before this Court and the amount of fine was reduced from Rs,100,000 to Rs,10,000 or in default thereof to suffer R.I. For one month. Substantive sentence was maintained which, according to learned counsel for petitioner, she had served out and ought to have been released on 13-1-1999.
6. ' It appears that on the basis of same facts and circumstances, a separate charge-sheet was submitted against the petitioner, under sections 6, 7, 8 and 9(c) of Control of Narcotics Substance Act, 1997, before learned Sessions Judge, Malir, who vide judgment, dated 3-11-1998, again convicted her under section 9(c) of the Control of Narcotics Substances Act, 1997, and sentenced her to stiffer R.I. For 10 years and to pay a fine of Rs,100,000 or in default thereof, to undergo R.I. For six months.
7. ' Mr. Rana M. Shamin, learned counsel for the petitioner, relying upon the judgments of this Court in C.P. No,D-317 of 1999, submitted that petitioner could not be punished twice for the same offence, in view of case law cited in said petition, the provisions of Article 13 of the Constitution, section 403 of Criminal Procedure Code and section 26 of the General Clause Act, 1897.
8. Learned Dy. A.-G., frankly concedes the case of petitioner and submits that petitioner had already been convicted by learned Customs Judge, Karachi for recovery of said heroin powder and the points involved in the subsequent trial held under Control of Narcotics Substances Act, 1997, were the same which were considered and decided in first trial. Learned Dy. A.-G. Also submits that, in fact, second case against the petitioner was registered on the basis of same facts, investigations, evidence and recovery, which were subject-matter of first trial. He has no objection if conviction of the petitioner recorded by learned Special Judge, Malir, is set aside.
9. ' Accordingly, we allow this petition, set aside the conviction and sentence passed by learned Special Judge, Malir, in Special Case No,56 of 1998 and order that the petitioner shall be released forthwith, if she has already served out the sentence awarded to her by learned Customs Judge, Karachi, and is not required in any other case.