Law: Prohibition (Enforcement of Hadd) Order, 1979

Section: 3/4

Prohibition (Enforcement of Hadd) Order (4 of 1979)--- ----Arts. 3/4---Seizure of contraband substance---Appreciation of evidence---Sentence, reduction in---Prosecution case was that 4792 cans of beer and 62 bottles whisky were recovered from the possession of accused---Statement of all the prosecution witnesses were in line with each other---Defense had not been able to point out any major contradiction on their statements---Prosecution witnesses had correctly narrated the story with regard to recovery of alleged contraband substance from the possession of the accused---Accused had failed to bring on record any motive for his false implication by the prosecution---Report of Forensic Science Laboratory in respect of recovered contraband was in affirmative---Prosecution in circumstances, succeeded to prove the case against the accused---Allegedly 4792 cans of beer and 62 bottle whisky were taken into possession but only one bottle each from the lots of beer and whisky, total two bottles/cans were separated and sent to Forensic Science Laboratory for chemical analysis---Report of Forensic Science Laboratory though was positive but the fact remained that only two bottles were examined by the Chemical Examiner and in the absence of conducting the examination of remaining recovered contraband, it could not be presumed that the same were beer or whisky---Two bottles of contraband could have been considered against the accused person as recovered substance for conviction and sentence---Conviction of the accused awarded by Trial Court in given circumstances was reduced from two years to that of already undergone---Amount of fine and the sentence awarded in default thereof would remain intact. Ameer Zeb v. The State PLD 2012 SC 380; Fareed Ullah v. The State 2013 SCMR 302 and Shakeel Ahmed v. The State PLD 1998 SC (AJ&K) 31 rel. THIS JUDGMENT DELIVERED BY: ABDULLAH BALOCH, JUSTICE:---.--- This judgment disposes of Criminal Revision Petition No. (T)03 of 2016 filed by the petitioner Adam son of Washdil, against the judgement dated 15th June 2016 passed by learned Sessions Judge, Mekran at Turbat (hereinafter referred as "the appellate Court") whereby the appeal filed…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492