Law: Prohibition (Enforcement of Hadd) Order, 1979

Section: 3, 4

. Prohibition (Enforcement of Hadd) Order, 1979 (IV of 1979) Articles         3/4-Narcotics          substance-Scope-Maintainability-The ingredients of both articles different, in case contraband articles are   carried or transported the Article 3 is attracted, and in case some one possesses or keeps it in his custody then Article 4 is attracted—Conviction can not be recorded under both the articles at the same time-Conviction under Article 3 of the order is ; maintained while his conviction under Article 4 is set aside-Appeal partially accepted.                           [P. 32] A . Date of hearing : 23.01.2004.                                                                                                                          judgment The judgment dated 22.9.2003 passed by Babar Ali Khan, Additional Sessions Judge-II, Haripur in case FIR No. 765 dated 9.10.1990 under Articles 3/4 of the Prohibition (Enforcement of Hadd) Order 1979, (hereinafter referred to as the Order), has been impugned through this appeal. The appellant has been convicted under Article 3 of the Order as sentenced to undergo five years R.I with a fine of Rs. 10,000/-, or in default of payment of fine to suffer further six months S.I. He was also convicted under Article 4 of the Order and sentenced to suffer seven years R.I. and to pay a fine of Rs. 10,000/-, in default thereof to further suffer six months S.I. Both the sentences were ordered to run concurrently with the benefit of Section 382-B, Cr.P.C. 2.     Three persons, i.e. Muhammad Bashir son of Gul Hassan, Muhammad Bashir son of Muhammad Zaman and Sher Bahadar son of Faqir were sent up to…