Law:

Section:

(a) Constitution of Pakistan (1973)-----Art. 185(3)--Prohibition (Enforcement of Hadd) Order (4 of 1979), Arts. 3, 4 a 21(b)--Sind Prohibition Rules, 1979, R.4--Investigation-­Illegality committed in course of investigation could not affect competence and jurisdiction of Court--Offence against accused under Art. 4 investigated by a Police Officer who was not one of designated officers for purpose of Art. 21(b) of the Order--Such illegality, held, did not affect jurisdiction of trial Court. (b) Constitution of Pakistan (1973)-----Art. 185(3)--Qanun-e-Shahadat Ordinance (10 of 1984), Arts.3 a 14--Prohibition (Enforcement of Hadd) Order (4 of 1979), Arts.3 a 4--Petition for leave to appeal- -Tazakiat-us- Shahud--Non-observance of procedure--Witnesses not cross-examined on question of their competence under Art. 3 of Qanun-e-Shahadat in trial Court--No objection thereto, however, was raised on behalf of accused at trial--Leave to appeal refused. K.M. Nadeem, Advocate Supreme Court instructed by Mr. Nazir Ahmed Siddiqui, Advocate-on-Record for Petitioner. Abdul Sattar Shaikh, Additional Advocate-General -instructed by S.M. Abbas. Advocate-on-Record for the State. Date of hearing: 27th August, 1986. ORDER S.A. NUSRAT, J.--The petitioner was apprehended by a police party on spy information and 15 grams of Heroin was recovered from his pocket. An F.I. R. was lodged by Assistant Sub-Inspector of Police under Article 3/4 of the Prohibition (Enforcement of Hadd) Order, 1979 (hereinafter to be referred to as the Order). The petitioner was tried on charges under the above-mentioned Articles of the Order by the Additional Sessions Judge, Shariat (West), Karachi. The Chemical Examiners report in respect of the Heroin recovered from the petitioner was in positive. The petitioner was convicted by the trial Judge under Article 4 of the Order vide his judgment dated 6-2-1986 and sentenced to suffer rigorous imprisonment for two years, 15 stripes and fine of Rs.15,000 or in default of payment of fine further…

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