| Citation(s) |
|---|
| 1994 SLG 1590 1994 SLD 1590 = 1994 PLD 238 |
Criminal Revision No.15 of 1994, decided on 14th May, 1994.
Muhammad Bashir Khan Jehangiri, J
SIAL MARJAN and another--Petitioners
VERSUS
THE STATE---Respondent
Law:
Section:
Sial Marjan and Mahboob, petitioners, stood their trial under Article 3/4 of the Prohibition (Enforcement of Hadd) Order, 1979 (hereinafter called as the Order) in the Court of Mr. Fazal Karim Khattak, a Mag1strate of the First Class/Sub-Divisional Mag1strate, Lahore, D1strict Swabi. The learned trial Mag1strate convicted the petitioners under Article 3 of the Order and sentenced them to rigorous imprisonment for 1-1/2 years with ten stripes and fine of Rs.2,000 each or in default to undergo rigorous imprisonment for 3 months each. Both of them were also convicted under Article 4 of the Order and sentenced to rigorous imprisonment for 6 months and fine of ks.1,000 each or in default to suffer rigorous imprisonment for 3 months each. Aggrieved therefrom, they, filed an appeal which was decided by Mr. Mussadiq Hussain Gilani, the learned Sessions Judge, Swabi, who vide his order dated 9 -3-1994, while maintaining the convictions and sentences of the petitioners under Article 3 of the Order, set aside their convictions and sentences under Article 4 of the Order "because Article 3 of the Order covers the offences of possession and transportation of narcotics. "Feeling still dissatisfied, the convicts/petitioners have come up in revision to this Court. Briefly stated, the facts of the case are that on 20-3-1991 Excise Party under the command of P.W. Momeen Khan Inspector held picket near Petrol Pump on Jhangiri-Swabi Road and in consequence intercepted at 1.0-1.5 hours No.PRH-48138 which was being driven by Sial Marjan, petitioner, while Mahboob, petitioner, was occupying the front seat with him. The search of the vehicle led to the recovery of 5 packets of contraband `Charas' from a secret cavity thereof which wieghed 5 Kilograms and was taken into possession. Four grams of the substance was separated from each packet and was sealed into parcel while the remaining `Charas' was separately sealed into parcel vide memo. Exh.PK. Both the petitioners were arrested and a Murasila Exh.PA/1 under Article 3/4 of the Order was scribed by Momeen Khan Inspector (P.W.) on the basis of which a case was duly registered the same day at Police Station,…