Law:

Section:

Prohibition (Enforcement of Hadd) Order (P. O. 4 of 1979)--Arts. 3, 4, 9, 16 & 31 read with Criminal Procedure Code (V of 1898), Ss. 155 (2) & 537 and Constitution of Pakistan (1973), Art. 185 (3)­ Recovery of Marijuana-Leave to appeal-Granted to consider whether offence a cognizable one and cannot be investigated without permission of Magistrate, whether accused ought to have been forwarded to Prohibition Officer, whether non-compliance of such rule constituted an illegality or irregularity and to give authoritative pronouncement on divergent views allegedly taken by Lahore High Court on such question. ORDER ASLAM RIAZ HUSSAIN, J.-The petitioner seeks Leave to Appeal against the order of the High Court dated 14-3-1982, dismissing his writ petition. 2. Qayyum Iqbal petitioner was accused, vide F. I. R. No. 584, Police Station, Peoples Colony, Faisalabad, dated 20-5-1980, for offence under Articles 3 and 4 of the Prohibition (Enforcement of Hadd) Order, 1979. The allegation against him was that 25 Kilograms of Marijuana was recovered from him. After investigation the Police submitted its challan only under Article 9 of the said order against him. 3. The learned counsel for the petitioner submitted that in the challan he is accused only of an offence under Article 4 and since Marijuana in question was not recovered from a `public place' but from a house; therefore, the offence is not a cognizable one, within the meaning of Article 16 of…

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