Law: Prohibition (Enforcement of Hadd) Order, 1979

Section: 3,4

Law: Criminal Procedure Code (V of 1898)

Section: 103,173,342,382B,517

Law: Constitution of Pakistan, 1973

Section: 203-DD

Law: Pakistan Penal Code, 1860

Section: 420,468,471

Prohibition (Enforcement of Hadd) Order, 1979 (4 of 1979)-- ----Arts. 3 & 4--Pakistan Penal Code, 1860 (XLV of 1860), Ss. 420, 468, 471--Conviction and sentence--Challenge to--Acquittal of--There was allegation against petitioners accused that they were preparing and selling intoxication / liquor in their house--Suspected house was searched by raiding party--Accused were arrested--Discrepancies and contradictions pointed out in prosecution case--Admittedly, despite having advance information of occurrence and after obtaining search warrants, one day prior to date of occurrence, police officials did not accompany any independent persons--Provisions of chapter 7 of, Cr.P.C make it clear that they relate to search of any place but it cannot be restricted only to house or closed place, it can be an open place, open area, a playground, field or garden from where recovery can be made for which search is conducted. Criminal Procedure Code, 1898 (V of 1898)-- ----S. 103, Chapter VII--Search warrants--Conviction and sentence--Although in strict sense, provisions of Section 103 of code ibid are restricted to searches, it has become a practice to apply it to all recoveries made by police officers while investigating any crime--Rules of justice enunciated by law are so embedded in criminal jurisdiction of Pakistan and to universally accepted that in all criminal cases two marginal witnesses are always cited for recovery and reliance is placed on these witnesses in ordinary course provided they are independent, respectable and inhabitants of locality. Prohibition (Enforcement of Hadd) Order, 1979 (4 of 1979)-- ----Arts. 3 & 4--Criminal Procedure Code, 1898 (V of 1898), Ss. 517-- Disposal of case property--Discrepancies and material contradiction--Plausible doubt in a prudent mind vehicle / cars used for transportation of contraband liquor as well as narcotics, allegedly recovered by police have not been produced before trail Court--Discrepancies and material contradictions create reasonable doubts and dents in prosecution case with regard to recovery of allegedly contraband intoxication/liquor--Conviction cannot be based on high probabilities and suspicions cannot…

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