Law: Prohibition (Enforcement of Hadd) Order, 1979

Section: 4

  Prohibition (Enforcement of Hadd) Order (4 of 1979)--- ----Art.4---Appreciation of evidence---Ocular evidence furnished by police officials regarding recovery of 1010 grams of opium from accused was found reliable which was consistent despite lengthy cross-examination---Police witnesses had no animosity and grudge against accused to falsely foist contraband opium on him---Report of Chemical Examiner was positive---Prosecution, held, had brought home the charge to accused in circumstances. Prohibition (Enforcement of Hadd) Order (4 of 1979)--- ----Art.4---Sentence---Chemical Examiner had not opined that intoxicant was a raw opium---Sentence of imprisonment of four years' R.I. awarded to accused was accordingly reduced to two years' R.I. with benefit of S. 382-B, Cr.P.C. P L D 1986 FSC242 ref. Criminal Procedure Code (V of 1898)--- ----S.340(2)---Prohibition (Enforcement of Hadd) Order (4 of 1979), Art.4-- Accused did not examine himself on oath as required under section 340(2), Cr.P.C.---Adverse inference on that score could be drawn against him to be availed in corroboration of prosecution evidence. Criminal Procedure Code (V of 1898)--- ----S.342---Prohibition (Enforcement of Hadd) Order (4 of 197,9), Art. 4---Report of Chemical Examiner had been exhibited in evidence---Accused did not contend that something other than opium was recovered from him---Accused, therefore, was not prejudiced in his cause if he was not put a pertinent question for his explanation in his statement under S: 342, Cr.P.C. that contraband item recovered from him was reported by Chemical Examiner as opium. Sardar Muhammad Ishaq Khan for Appellant. Muhammad Aslam Uns for the State Date of hearing: 5th April, 1990 JUDGMENT ABDUL KARIM KHAN KUNDI, J.--By a judgment and order dated 20-12-1989 the learned Sessions Judge, Toba Tek Singh, found Muhammad Ramzan, appellant, guilty   on the charge of possession of 1010 grams of opium as recovered from him on 18-7-1988 at about 8-45 p.m., near canal bridge at Faizabad Colony, Toba Tek Singh in the limits of P.S., Toba Tek Singh and accordingly convicted and sentenced him to 4 years R.I., ten stripes and a fine of. Rs.5,000 or in…