Law: Prohibition (Enforcement of Hadd) Order, 1979

Section: 4

Law: Criminal Procedure Code (V of 1898)

Section: 342,439

(a) Prohibition (Enforcement of Hadd) Ordinance (IV of 1979)--- ----S. 4---Criminal Procedure Code (V of 1898), Ss. 342 439---Recovery of liquor---Appreciation of evidence---Recovery, proof of---Incriminating article not put to accused---Accused was convicted for carrying 30 liters of raw wine---Trial Court convicted the accused and his sentence of imprisonment of one year was reduced to six months by Lower Appellate Court---Validity---Chemical examiners report was unworthy of trust and reliance as the safe custody, safe transmission and handing over the sealed parcel, containing sample of alleged wine, was not proved on record---In statement of accused recorded under S. 342, Cr.P.C., incriminating material i.e. report of chemical examiner was not put to him to extract his explanation---Incriminating material and circumstances from which inferences adverse to the accused sought to be drawn, were to be put to accused when he was questioned under S. 342, Cr.P.C., else the same could not be considered as a piece of evidence against accused---Mere fact that police witnesses had no enmity to falsely implicate accused by itself, was not a strong circumstance to hold that whatever had been alleged by prosecution witnesses should be implicitly relied upon without asking for supporting evidence---Material discrepancies, contradictions and admissions adverse to prosecution case rendered it doubtful---Federal Shariat Court set aside s passed by Trial Court and Lower Appellate Court as the same were suffering from mis-reading and non-reading of evidence and accused was acquitted of the charge---Revision was allowed, in circumstances. The State v. Bashir and others PLD 1997 SC 408; Din Muhammad v. The Crown 1969 SCMR 777 and Muhammad Mumtaz v. The State 1997 SCMR 1011 ref. (b) Criminal trial--- ----Benefit of doubt---Applicability---Single circumstance creating reasonable doubt in the prudent mind about guilt of accused, benefit thereof is to be extended to the accused not as a matter of grace or concession, but as matter of right. Ghulam Qadir and 2 others v. The State 2008 SCMR 1221 and Muhammad Mansha and Muhammad Akram v. The State 2009 SCMR 230 rel. JUDGMENT KHADIM…

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