Case Details

Citation(s)
1987 SLG 915 1987 SLD 915 1987 MLD 1644
Federal Shariat Court
Criminal Appeal No. 87/K of 1986, decision dated: 22nd December,1981, hearing DATE : 22-12-1986
FAKHRUDDIN H. SHAIKH, J

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ABDUL QADIR

VS

THE STATE

Law: Prohibition (Enforcement of Hadd) Order (4 of 1979)

Section: 4

Law: Criminal Procedure Code (V of 1898)

Section: 410423(1)(b)

[Prohibition (Enforcement of Hadd) Order (4 of 1979)]........Art 4--Criminal Procedure Code (V of 1898), Ss.410 R 423(1)(b)---Accused charged with. and convicted of offence under Art. 4 of Order 4 of 1979 on evidence of complainant (Excise Inspector) and two witnesses S & Q--Appeal against conviction--Appellant producing photo copies of two F.I. Rs. which showed the same Excise Inspector and Q as witnesses--Appellant stated that photostat of the two F.I. Rs. were procured after the impugned decision and hence prayed that case be remanded and defence allowed opportunity to confront witnesses with documents procured--On no objection by State, Federal Shariat Court accepted the prayer and remanded case to Trial Court for decision, afresh after allowing defence to confront witnesses with said documents. Criminal Appeal No.36/K of 1986 (unreported) ref. ORDER This is an appeal from the judgment of IIIrd Additional Session; Judge, Karachi, dated 10-8-1986, whereby the appellant has beer convicted of offence under Article 4 of Prohibition (Enforcement of Hadd) Order, 1979 (hereinafter referred to as the said Order) for having been found in possession of 250 grams of heroin and sentence( to suffer R.I. for five years, ten stripes and to pay a fine of Rs. 2,000 or in default of payment of fine to further undergo R.I. for six months. 2. The allegation against him was that Excise Inspector Shaukat Bukhari held the appellant near Masjid-e-Mustafa Singo Lane, Karachi on 28-11-1985 in presence of Abdul Qadir (P.W.1) and Shahid (not examined) and secured five purris of heroin each containing 50 grams each. Such mashirnama was prepared and F.I.R was lodged on the same day. The recovered heroin was sent to the Chemical Examiner whose report is positive. After completing investigation the appellant was sent up for trial. 3. In support of the prosecution case there is evidence of P. W." Shaukat Bukhari complainant and mashir P.W.i Abdul Qadir. In cross-examination both these 'witnesses were asked whether Abdul Qadir had been a witness in any other case of this…
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