Law: Prohibition (Enforcement of Hadd) Order, 1979

Section: 3 , 4 , V1, 347

  Prohibition (Enforcement of Hadd) Order (4 of 1979)-- ---Arts. 3 & 4---Criminal Procedure Code (V of 1898), Ss. _V1, & 347 --- Sentence" for a quantity over 10 grams of heroin ranges between two years and life. imprisonment and so the case could be tried by a Section 30 Magistrate and he could have also sent it up to trial to the Court of Session or High Court if he thought that sentence of more than seven years should be awarded in the case. Prohibition (Enforcement of Hadd) Order (4 of 1979)-- ---Arts. 3 & 4---Evidence, appraisal of---Evidence revealed that fictitious customer did not know anything about the place where bargain was settled and he appeared never to have seen that place what to speak of having lived there---Such person was telling lies about everything and if settling of bargain and contact of fictitious customer with accused was not established, entire case of prosecution became a concoction and a fabrication---Fact that Fictitious customer was a liar was also proved from statements of other witnesses who also contradicted each other---Prosecution case thus appeared to be false and fabricated and accused was acquitted in circumstances. Prohibition (Enforcement of Hadd) Order (4 of 1979) ---Arts. 3 & 4--Investigation and prosecution---Prosecution witnesses had either deliberately spoiled the genuine case or had concocted an ahsolutelv false case for ulterior motives---None of the situations being commendable and considering expanding public view that investigation and prosecution of such cases were not being done genuinely, Home Secretary was asked to have a thorough probe in the conduct of concerned officials and deal with them in accordance with law. Shahid Hussain Kadri for Appellant. Muhammad Akhtar, Add]. A.-G. and Abdul Samad Hashmi for the State. Date of hearing: 22nd June, 1989. JUDGMENT GUL MUHAMMAD KHAN, CJ.--The appellant was convicted by Mr. Ali Aqdas Shahzad, Magistrate, exercising powers under Section 30 of the Cr.P.C., vide his order dated 8th of April, 1989. He was sentenced to seven years R.I., with whipping numbering 15 stripes and a fine of Rs.10,000 under Article of the Prohibition (Enforcement of…