Case Details

Citation(s)
1984 SLG 631 1984 SLD 631 1984 SCMR 750
Supreme Court of Pakistan
Criminal Petition No. 3-R of 1984, decision dated: 21st February, 1984 (From the order of the Lahore High Court, dated 6-2-1984, passed in Criminal Revision No. 12 of 1984)
MUHAMMAD AFZAL ZULLAH AND M. S. H. QURAISHI, JJ

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RAHIM DAD--Appellant

VS

. THE STATE--Respondent

Law:

Section:

(a) Constitution of Pakistan (1973)--Art. 185(3)---Prohibition (Enforcement of Hadd) Order (4 of 1979), Art. 11--Conviction for drinking-Courts below found to have properly appreciated evidence on facts-Held, such finding cannot be interfered with (b) Constitution of Pakistan (1973)-- ------Art. 185(3)-Prohibition (Enforcement of Hadd) Order (4 of 1979), Art. 11 read with Art. 6-Conviction for drinking alcohol-Words "taken an intoxicant" used to define "drinking" in Art. 6 of Order­ Cannot be restricted to an instant taking or taking in presence of witnesses but also includes being found to have taken an intoxicant.­ Interpretation of statutes]. The State v. Abdul Majid (Criminal Appeal No. 50 of 1983) ref. Khan Imtiaz Muhammad Khan Advocate-on-Record for Petitioner. Nemo for the State. Date of hearing: 21st February, 1984. ORDER M. S. H. QURAISM, J.---Petitioner Rahim Dad was found in a drunken state on 6-2-1983 at about 6 p. m. near Tonga-stand, Fawara Chowk, Rawalpindi. He was taken by the police before a medical Officer who after examining him certified that he had taken an intoxicant. A chemical analysis of the samples taken of his blood and urine also disclosed the presence of alcohol. He was accordingly tried under Article 11 of the Prohibition (Enforcement of Hadd) Order (IV of 1979), in the…
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