| Citation(s) |
|---|
| 1983 SLG 344 1983 SLD 344 1983 SCMR 497 |
Supreme Court of Pakistan
Cr. P. S. L. A. No. 27 R (S) of 1982, decision dated: 14-12-1982(Op appeal from the judgment dated 10 10 1982 of the Federal Shariat Court Islamabad in Cr. A. No. 63/1 of 1982)
JUSTICE MUHAMMAD AFZAL ZULLAH, CHAIRMAN, JUSTICES NASIM HASAN SHAH, SHAFIUR RAHMAN, PIR MUHAMMAD KARAM SHAH AND MAULANA MUHAMMAD TAQI USMANI, MEMBERS
Ch. Muhammad Ashraf Azeem, Advocate Supreme Court and S. Wajid Hussain, Advocate on-Record for Petitioner. Nemo for the State
Cr. P. S. L. A. No. 27 R (S) of 1982, decision dated: 14-12-1982(Op appeal from the judgment dated 10 10 1982 of the Federal Shariat Court Islamabad in Cr. A. No. 63/1 of 1982)
JUSTICE MUHAMMAD AFZAL ZULLAH, CHAIRMAN, JUSTICES NASIM HASAN SHAH, SHAFIUR RAHMAN, PIR MUHAMMAD KARAM SHAH AND MAULANA MUHAMMAD TAQI USMANI, MEMBERS
Ch. Muhammad Ashraf Azeem, Advocate Supreme Court and S. Wajid Hussain, Advocate on-Record for Petitioner. Nemo for the State
MASOOD AHMED
VS
THE STATE
Law:
Section:
Constitution of Pakistan (1973)---Art. 185(3) read with Prohibition (Enforcement of Hudood) Order (P. O. 4 of 1979), Arts. 11, 16 & 31 and Criminal Procedure Code (V of 1898), Ss. 155 & 537 Offence of drinking Accused not forwarded to Prohibition Officer for investigation Leave to appeal granted to consider question of general public importance as to whether, non¬compliance with relevant provisions constitutes an illegality and not merely an irregularity curable under S. 537, Cr. P. C. State v. Abdul Majid N L R 1982 Cr. (Lah.) 212 ; Asghar Ali v. The State P L D 1981 Lah. 448 and Qayyum lqbal v. The State and another 1982 S C M R 887 ref. ORDER JUSTICE NASIM HASAN SHAH, MEMBER: This petition is directed against the judgment passed by the Federal Shariat Court, Islamabad dated 10 10 1982 in Criminal Appeal No. 63/1 of 1982, whereby the conviction of the petitioner under section 1 of the Prohibition (Enforcement of Hudood) Order, 1979 was upheld but the sentence of three years' R. I. imposed upon him by Syed Tasaddaq Hussain Bohkari, Magistrate 1st Class, Faisalabad was reduced to one year R. I. and the punishment of whipping, which was ten stripes, was enhanced .to 30 stripes. The facts briefly are that the petitioner was found by Muhammad Arif and Sikandar Hayat Constables; who were on duty at Fawara Chowk, Faisalabad, on the night between 11th and 12th of February, 1980 to be in a state of intoxication. It was then about midnight. They caught hold of him and started to take him towards the Police Station but at Satiana Road Gate they met Abdul Rahim, Head Constable, who was later promoted as Assistant Sub Inspector, who arrested him. Abdul Rahim, aforesaid, sent the petitioner alongwith Muhammad Arif and Nawaz Constables to the Hospital to get him medically examined. Accordingly, he was examined by Dr. Imtiaz Abmad Gil, who found him smelling of Liquor. He observed that his face was red and he was talking excessively. He took his urine, blood and stomach wash and sent them for analysis to the Chemical Examiner. The Chemical Examiner detected Alcohol in the urine and blood but not in the stomach wash. The petitioner was thereupon tried and found guilty…
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