Law:

Section:

(a) Constitution of Pakistan (1973)-- --Art. 203-F--Prohibition (Enforcement of Hadd) Order (4 of 1979), Art. 3--Leave to appeal--Accused while travelling in a bus was found to be in possession of Charas--Police official who searched accused was solitary witness--No other witness of search produced--Held, there was no law that deposition of one witness should not be believed or accepted nor it was in contravention of any principle of law--Concurrent findings of fact by two Courts below particularly when recovery witness had no animus against accused, ordinarily were not interfered by Supreme Court in its jurisdiction to entertain appeal through petition for leave to appeal--Leave refused. (b) Criminal Procedure Code (V of 1898)---S. 103--Prohibition (Enforcement of Hadd) Order (4 of 1979), Arts.3 & 4--Recovery--Testimony of police official as solitary witness, held, could not be disbelieved merely because of his being a police official-­Application of S. 103, Cr.P.C.--Extent.--[Recovery]. Muhammad Shah etc. v. The State P L D 1984 S C 278 and Muhammad and others v. The State P L D 1981 S C 635 applied. Abdur Rehman Khan, Advocate Supreme Court and M. Qasim Imam, Advocate-on-Record (absent) for Petitioner. Bashirullah Khan, Asstt. A.-G., N.-W.F.P. for the State. Date of hearing: 16th September, 1985. ORDER JUSTICE MUHAMMAD AFZAL ZULLAH, CHAIRMAN.--Leave to appeal has been sought from judgment, dated 29-4-1985; whereby, the Federal Shariat Court while dismissing the petitioners appeal upheld his conviction under Article 3 of the Prohibition (Enforcement of Hadd) Order (No.4) of 1979, and maintained the sentence of rigorous imprisonment for 3 years and 10 stripes but reduced the sentence of fine from Rs.30,000 to 10,000. The petitioner was caught red-handed by Shahji Gul Constable who made a search in the bus in which the passenger was travelling. He was carrying contraband…

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