| Citation(s) |
|---|
| 1984 SLG 611 1984 SLD 611 1984 SCMR 695 |
Supreme Court of Pakistan
Criminal Appeals Nos 50 to 114, 5(s), 6(S), 10(S), 44 of1983;93 and 100 of 1982 heard on 30-10-1983 (From thejudgment dated 10th October 1982 of the federal ShariatCourt passed in Criminal Appeal No.630/1 of 1982) etcrespectively)
MUHAMMAD AFZAL ZULLAH, SHAFIUR RAHMAN, M. S. H. QURAISHI, PIR MUHAMMAD KARAM SHAH AND MUHAMMAD TAQI USMANI, JJ
Criminal Appeals Nos 50 to 114, 5(s), 6(S), 10(S), 44 of1983;93 and 100 of 1982 heard on 30-10-1983 (From thejudgment dated 10th October 1982 of the federal ShariatCourt passed in Criminal Appeal No.630/1 of 1982) etcrespectively)
MUHAMMAD AFZAL ZULLAH, SHAFIUR RAHMAN, M. S. H. QURAISHI, PIR MUHAMMAD KARAM SHAH AND MUHAMMAD TAQI USMANI, JJ
THE STATE--AppellantVs.ABDUL MAJID AND others--Respondents
Law:
Section:
(a) Constitution of Pakistan (1973)----Art. 203-F (2-B)-Prohibition (Enforcement of Hadd) Order (4 of 1979), Arts. 11 & 12-Punjab Prohibition (Enforcement of Hadd) Rules, 1979, r. 6-Criminal Procedure Code (V of 1898), S. 249-ALeave to appeal to Shariat Bench of Supreme Court granted to consider question whether offence of drinking liable to tazir can be established only if accused is found drinking in presence of eye-witnesses and not when he was only found to have intoxicating liquor sometimes earlier. (b) Constitution of Pakistan (1973)- Art. 203-F (2-B)-Prohibition (Enforcement of Hadd) Order (4 of 1979), Arts. 11, 12 & 16-Punjab Prohibition (Enforcement of Hadd) Rules, 1979, r. 6-Criminal Procedure Code (V of 1898), Ss. 249-A & 155-Leave to appeal to Shariat Bench of Supreme Court granted to consider question whether offence of drinking under Art. 11, Prohibition (Enforcement of Hadd), Order, 1979 is furthermore cognizable only if committed at a public place but where there was no evidence that accused had taken liquor at a public place, offence, if any, committed by accused was, therefore, non-cognizable and Police Officer had neither tight to arrest nor t-) investigate matter without specific permission from Magistrate, as provided in S. 155, Cr. P. C. (c) Constitution of Pakistan (1973)- Art. 203-F (2-B)-Prohibition (Enforcement of Hadd) Order (4 of 1979), Arts. 11, 12 & 16-Punjab Prohibition (Enforcement of Hadd), Rules, 1979, r. 6-Criminal Procedure Code (V of 1898), Ss. 249-A & 155-Conditions for arrest laid down in Art. 12, Prohibition (Enforcement of Hadd) Order, 1979, not fulfilled-Leave to appeal to Shariat Bench of Supreme Court granted to consider question whether in circumstances, Police Officials i.e. Head Constable or Constable had right to arrest accused. (d) Constitution of Pakistan (1973)- -- Art. 203-F (2-B)-Prohibition (Enforcement of Hadd) Order (4 of 1979), Arts. 12 & 31-Punjab Prohibition (Enforcement of Hadd) Rules, 1979, r. 6-Criminal Procedure Code (V of 1ts98), S. 537Mandatory provisions of R.6, Punjab Prohibition (Enforcement of Hadd) Rules, 1979 in respect of duties to be exercised by Prohibition Officer in furtherance to…
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