Law: Constitution of Pakistan, 1973

Section: 203F

Prohibition (Enforcement of Hadd) Order (4 of 1979)--Art.. 4-Constitution of Pakistan (1973), Art.203-F--Leave to appeal, grant of-­Prejudiced trial--Failure of justice--Omission of important witnesses--Conviction under Art.4 of Order (4 of 1979) challenged--Leave to appeal granted to consider contention that petitioner having been found in possession of heroin while travelling in a bus wherein several other persons were also travelling but none of co-passengers was cited as witness of recovery and giving up of the most important witness in the case as "unnecessary" which fact had prejudiced case of petitioner causing a failure of justice. Ch. Mushtaq Masood, Advocate Supreme Court and Ch. Mehdi Khan Mehtab, Advocate-on-Record for Petitioner. Nemo for the State. Date of hearing: 2nd August, 1988. ORDER NASIM HASAN SHAH, J.--This petition for leave is directed against the judgment of the Federal Shariat Court, Lahore dated 13-1-1988 passed in Criminal Appeal No337/L of 1987. The relevant facts briefly stated are that on the night between 15/16-2­1985 Inspector Raja Abdul Khaliq, S.H.O. Police Station Saddar Attock alongwith Shaukat Hayat, Head Constable and Khafd Shaheen and Maloom Khan, Constables were present at the police Check Post Attock Khurd for the checking of illicit arms and narcotics when a flying coach coming from Peshawar side was stopped by them. Khalid Shaheen Constable entered the flying coach and on suspicion brought down the petitioner from the bus who was searched by the S.H.O./Inspector and during the search 30 grams of heroin were allegedly recovered from his right outer pocket of the coat and 100 grams of Charas recovered from his right inner pocket of the coat. On further search, a sum of Rs.300 was also allegedly recovered. The petitioner was, therefore, tried by the learned Additional Sessions Judge, Attock, who convicted and sentenced him under Article 4 of the Prohibition (Enforcement of Hadd) Order 1979, for three years' R.I. alongwith 10 stripes and a fine of Rs.5,000 or in default to undergo further R.I. for 6 months. On appeal, the Federal Shariat Court reduced the sentence of rigorous imprisonment from three to two years; set…

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