Law:

Section:

(a) Prohibition (Enforcement of Hadd) Order (4 of 1979)--S. 4---Offences Against Property (Enforcement of Hudood) Ordinance (VI of 1979), S.9(5)---Constitution of Pakistan (1973), Art.203-F---Criminal Procedure Code (V of 1898), S.382-B---Recovery of 3-1/2 Kg. Charas, 2 Kg. Opium and 500 grams heroin from accused---Conviction---Accused was awarded 5 years' R.I., whipping and fine---Contention on behalf of accused was that Trial Court should have granted him benefit of S.382-B, Criminal Procedure Code, 1898; that Federal Shariat Court could grant the same relief; and that accused having undergone a conversion involving `Tauba' should be given clue benefit by Supreme Court---Accused had relied on S.9(5), Offences Against Property (Enforcement of Hudood) Ordinance, 1979, which admittedly had no application to the offence in question or the offender, but principle underlying the same could be applied in appropriate cases under all laws dealing with the crime in so far as constitutional and legal position for dispensation of criminal justice was concerned---Supreme Court agreed with such contention on the. general proposition and observed that in so far as legal implication as to provision of S.9(5), Offences Against Property (Enforcement of Hudood) Ordinance, 1979, was concerned, such principle could be applied unless prohibited by any law or principle having the force of law. (b) Prohibition (Enforcement of Hadd) Order (4 of 1979)--- ----S. 4---Criminal Procedure Code (V of 1898), S.382-B---Offences Against Property (Enforcement of Hudood) Ordinance (VI of 1979), S.9(5)--­Constitution of Pakistan (1973), Art.203-F---Benefits of S.382-B, Criminal Procedure Code, 1898 and S.9(5), Offences Against Property (Enforcement of Hudood) Ordinance, 1979---Entitlement of accused---Accused having committed heinous crime, he was awarded comparatively very high punishment by Trial Court but Federal Shariat Court reduced the same considerably--­Benefit of S.382-B, Criminal Procedure Code, 1898 and that of S.9(5) Offences Against Property (Enforcement of Hudood) Ordinance, 1979, sought by accused, having adequately been granted to him by Federal Shariat Court as also by Trial…

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