| Citation(s) |
|---|
| 1993 SLG 1503 1993 SLD 1503 = 1993 PLD 38 |
Supreme Court of Pakistan
Criminal Petition No.68(S) of 1992, decided on 20th October, 1992 (On appeal from the judgment dated 22-6-1992 of the Federal Shariat Court, in Cr.A. No.148-L of 1991).
Presented By: Present: Muhammad Afzal Zullah, CJ. and Muhammad Afzal Lone, J
Sh. Muhammad Asadullah, Advocate Supreme Court and Syed Abul Aasirn Jaffari, Advocate-on- Record (abserrt) for Petitioner. Nemo for the State.
Criminal Petition No.68(S) of 1992, decided on 20th October, 1992 (On appeal from the judgment dated 22-6-1992 of the Federal Shariat Court, in Cr.A. No.148-L of 1991).
Presented By: Present: Muhammad Afzal Zullah, CJ. and Muhammad Afzal Lone, J
Sh. Muhammad Asadullah, Advocate Supreme Court and Syed Abul Aasirn Jaffari, Advocate-on- Record (abserrt) for Petitioner. Nemo for the State.
MUHAMMAD ASHRAF-- Petitioner
VERSUS
THE STATE-- Respondent
Law: Prohibition (Enforcement of Hadd) Order, 1979
Section:
Prohibition (Enforcement of Hadd) Order (4 of 1979)-- ---- Art. 4 --- Constitution of Pakistan (1973), Art.203-F --- Petition for leave to appeal. against conviction --- Re-appraisal of evidence --- Five K.G. of heroin was recovered from convict petitioner during raid arranged at the instance of decoy witness --- Contention ' that eye-witnesses and recovery witnesses were not from public and number of discrepancies existed in their statements was of no substance as such objections were taken into account by the Courts below-- Nothing on record was misread or ignored --- No serious infirmity of law in Appraisal of evidence was involved--.-Broad features . of the case and .appreciation of material against convict on record did not warrant interference by Supreme Court--Leave to appeal was refused. Prohibition (Enforcement of Hadd) Order (4 of 1979)-- ----- Art. 4 --- Detection and investigation of crime --- Detection and investigation of crime, in narcotics by the designated agencies --- Introduction of raid mechanism --- Benefits-Such measures helpful in curbing crime in narcotics-- Raid mechanism instrumental in providing protective cover to concerned agencies against allegations of false implication, planting or trapping without any substantial material --- Supreme Court while commending raid mechanism stressed the need. for further development in the modes and methods of detection and investigation of narcotics. crimes by the designated agencies and emphasised the desirability of introduction of raid mechanism as in the case of corruption and other fresh and new methods for detection and punishment of this branch ..of crime which till recently was going beyond control-- Constructive suggestions in this behalf for the consideration of administrative authorities given by the Supreme Court. Sh. Muhammad Asadullah, Advocate Supreme Court and Syed Abul Aasirn Jaffari, Advocate-on- Record (abserrt) for Petitioner. Nemo for the State. Date of hearing: 20th October, 1992. JUDGMENT MUHAMMAD AFZAL ZULLAH, C J.--The petitioner/convict under section 4 of the Prohibition (Enforcement of Hadd) Order, 1970 having been awarded 10 years' R.I. and other…