Law: Prohibition (Enforcement of Hadd) Order (4 of 1979)

Section: 3,4

Law: Constitution of Pakistan, 1973

Section: 185(3)

Law: Criminal Procedure Code (V of 1898)

Section: 497,497(2),497(1),498

(a) Prohibition (Enforcement of Hadd) Order (4 of 1979)--- ----Arts. 3/4---Appreciation of evidence---Police witnesses ---Credibility--­Members of police force are competent witnesses in the eyes of law and can be credited with veracity unless they are demonstrated to be false witnesses having maliciously accused an innocent person of the commission of an offence for ulterior motives. (b) Criminal Procedure Code (V of 1898)--- ----S.497---Prohibition (Enforcement of Hadd) Order (4 of 1979), Arts.3/4---Constitution of Pakistan (1973), Art. 185(3)---Bail---Complainant Inspector and other members of the police party were not shown to have any ulterior purpose in involving the accused in the offence---Accused being allegedly responsible for spreading a deadly poison i.e., narcotics in the society did not qualify for the grant of any discretionary relief in the absence of the reasons making his case one of further inquiry mentioned in S.497(2), Cr.P.C.---Taking a sample of one gram from the quantity of heroin allegedly recovered from the accused was not fatal to the prosecution case as it was not established through evidence that such a quantity of narcotics had not been taken from the recovered quantity or that it was not sufficient for a proper analysis of the same---Non-conviction of the accused in the past for any crime, by itself, was no ground to release him on bail---Leave to appeal was refused to accused by Supreme Court in circumstances and bail was declined to him accordingly. (c) Criminal Procedure Code (V of 1898)--- ----S.497---Bail---Offence not falling within the prohibitory clause---Mere fact that an offence does not fall within the prohibitory clause of S.497(1), Cr.P.C. does not mean that it has become a bailable offence ---Discretion still remains with the Court to consider whether a person accused of such an offence does or does not deserve the grant of bail in accordance with the established norms governing the exercise of such a power. (d) Criminal Procedure Code (V of 1898)--- ----Ss.497/498---Bail---Accused a previous non-convict---Mere non­-conviction of an accused person in the past for any crime is no ground, by itself, to release him on…

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