Law: Constitution of Pakistan, 1973

Section: 203-DD

Law: Criminal Procedure Code (V of 1898)

Section: 173,342,382B

Law: Prohibition (Enforcement of Hadd) Order, 1979

Section: 4

Constitution of Pakistan, 1973-- ----Art. 203-DD--Prohibition (Enforcement of Hadd) Order of 1979, Art. 4--Revisional jurisdiction of Federal Shariat Court--Conviction and sentence--Allegation of--Five bottle of liquor were recovered--Samples of liquor were sent to PFSA--Delay of 10 days, unexplained, fake recovery--Plan of reduction of sentence--Contradiction in statements of PWs--A perusal of record transpires that petitioner has served substantive sentence of more than three months; therefore, without adverting to merits/demerits of case, plea of reduction of sentence has been considered--It is not out of context to mention here that plea of reduction of sentence does not constitute a bar for this Court from interfering, more particularly, where findings are based on erroneous speculative presumption, likewise in instant case as ten (10) days delay in dispatching recovered case property to FSL is unexplained, moreso, perusal of laboratory report does not transpire complete description or quantity of case property received or consumed in analysis--Aforementioned dimensions of case certainly creates doubt at least to extent of contraband liquor samples showing as to where samples were lying for ten days and sent to chemical examiner for analysis as report of forensic science laboratory did not reflect either quantity or description or that how much quantity was consumed in chemical analysis--Consequently, by reducing awarded sentence into one already undergone by petitioner, instant appeal is dismissed. THIS JUDGMENT DELIVERED BY: SYED MUHAMMAD FAROOQ SHAH, JUSTICE---.--- By invoking the revisional jurisdiction of this Court under Article 203-DD of the Constitution, the captioned revision petition has been directed by the Petitioner against the judgment pronounced on dated 27.02.2018, by the learned trial Court, whereby the Petitioner was convicted under Article 4 of the Prohibition (Enforcement of Hadd) Order of 1979 to undergo rigorous imprisonment for one year and fine of Rs. 10,000/-; in default of payment of fine to undergo simple imprisonment for one month more, with benefit of Section 382-B Criminal Procedure Code. The judgment delivered by the learned…

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