Law:

Section:

Prohibition (Enforcement of Hadd)) Order (4 of 1979)-- ----Art. 4---Constitution of Pakistan (1973), Art. 203D---"Opium" and "raw opium"---Distinction---Accused was found in possession of "opium" and not "raw opium"-Sentence ---Federal Shariat Court observed that it would be advisable for the Legislature if the word "raw" before opium used in Article 4, proviso second, was deleted from it as it would be conducive to the attainment of the aims and objects underlying the promulgation of the Order and would also remove the difficulty in the matter of awarding proper punishment in such cases. In the present case the contraband recovered from the kotha of the accused was "Opium" and not "Raw Opium". Article 4 of the Prohibition (Enforcement of Hadd) Order, 1979 speaks of "Opium" and "Raw Opium" as two different species. "Raw Opium" is a latex, dried or partially dried, obtained from unripe capsules of papver somniferum Linn. (family Papaveraceae): Drying of the exudate is accomplished partly by spontaneous evaporation and partly by applied heat, the product being manipulated into cakes. The principal constituent is the alkaloid morphine, together with smaller amounts of the alkaloids, narcotine, papaverine, thebaine, narceine, meconidne and numerous other minor alkaloids. Its action is primarily that of a narcotic, though preparations of opium are used as diaphoretics and sedative in the treatment of coughs and colds. In fact, these are two forms of opium. Accused who was found. in possession of Opium cannot be sentenced for more than two years. The legal position that emerges is that the offence in relation to the possession of "Opium" is punishable with sentence of imprisonment not exceeding two years or with whipping not exceeding thirty stripes and also with fine, irrespective of its quantity, whereas in the case of "Raw Opium" if its quantity exceeds one kilogram, the offender shall be punishable with imprisonment for life or with imprisonment which is not less than two years and with whipping not exceeding thirty stripes and shall also be liable to fine. The conviction was maintained but the sentence was reduced from seven years to two. years' R.I. The…

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