| Citation(s) |
|---|
| 1985 SLG 807 1985 SLD 807 1985 SCMR 1460 |
Supreme Court of Pakistan
Criminal Petition No. 31-R (S) of 1985, decision dated: 12-05-1985. (On appeal from the judgment, dated 14-1-1985 of the Federal Shariat Court in Criminal Appeal No. 133/1 of 1984)
, JUSTICE MUHAMMAD AFZAL ZULLAH, CHAIRMAN, JUSTICES NASIM HASAN SHAH AND PIR MUHAMMAD KARAM SHAH, MEMBERS.
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Criminal Petition No. 31-R (S) of 1985, decision dated: 12-05-1985. (On appeal from the judgment, dated 14-1-1985 of the Federal Shariat Court in Criminal Appeal No. 133/1 of 1984)
, JUSTICE MUHAMMAD AFZAL ZULLAH, CHAIRMAN, JUSTICES NASIM HASAN SHAH AND PIR MUHAMMAD KARAM SHAH, MEMBERS.
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BUKHTAWAR GUL and others
THE STATE
Law:
Section:
Constitution of Pakistan (1973)--Art. 203-F--Prohibition (Enforcement of Hadd) Order (4 of 1979), Arts. 3 & 4--Conviction for carrying narcotics concealed in car-doors--Challenged on ground that petitioners being only driver and a passenger, and car belonging to someone who was not tried /associated in enquiry, neither had knowledge nor its possession could be attributed to them--Supreme Court while disbelieving that petitioners had no knowledge about presence of 28 kilograms prohibited goods concealed in car-doors being used by them, held, they had guilty knowledge and were associates in crime--Petition being devoid of force, dismissed. ORDER NASIM HASAN SHAH, J.--The relevant facts are that Nazar Hussain, Assistant Excise & Taxation Officer, reported to the police that while he alongwith his staff were checking the vehicles at Check Post Mullan Mansoor he stopped and checked Car No. PRE/5848. Bukhtawar Gul (petitioner No.l) was driving the said car while Misr Khan (petitioner No. 2) was sitting with him. On checking the car, Charas weighing 28.800 kilograms was recovered from the front door: of the car. The petitioners were, accordingly, apprehended and challaned under Article 3/4 of Prohibition (Enforcement of Hudood) Ordinance, 1979 (Ordinance VI of 1979). They were later tried by Mr. Zamurad Khan, M.I.C. Attock and, vide judgment, dated 21-8-1984, the learned Court convicted them under Article 3 of the Ordinance VI of 1979 and sentenced them to three years' R.I. each with ten stripes and a fine of Rs.2,000 each or in default to undergo four months' further R.I. The Federal Shariat Court disallowed their appeal vide judgment, dated 14-1-1985. Hence this petition for leave to appeal. The main contention raised by Sh. Zamir Hussain, learned counsel for the petitioner, in support of this petition before us was that the narcotics recovered were even according to the prosecution, concealed in the doors of the car and that the said vehicle belonged to somebody else. Petitioner No.l was merely its driver knowing nothing of what was concealed in the car; while petitioner No. 2 was also not connected with the owner of the car and was merely because he…
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