Case Details

Citation(s)
1995 SLG 374 1995 SLD 374 1995 SCMR 1497
Supreme Court of Pakistan
Criminal Petition for Leave to Appeal No. 13/S of 1994, decided on 16th April, 1995.
MUHAMMAD MUNIR KHAN, MIR HAZAR KHAN KHOSO AND MUALANA MUHAMMAD TAQI USMANI, JJ
Mian Qamaruddin Ahmad, Advocate instructed by Khan Imtiaz Muhammad Khan, Advocate on Record for Petitioner. Nemo for the State.

NAZAR MUHAMMAD

VS

THE STATE --Respondents

Law: Prohibition (Enforcement of Hadd) Order, 1979

Section: 4

Law: Constitution of Pakistan, 1973

Section: 203F(2B)

Prohibition (Enforcement of Hadd) Order (4 of 1979)   Art. 4 Constitution of Pakistan (1973), Art. 203E (2B) Statements of recovery witnesses which had been believed by the two Courts below did not suffer from any infirmity Accused had failed to prove any enmity with the recovery witnesses Defence evidence did not help the accused in any manner Leave to appeal was refused in circumstances.  ORDER MUHAMMAD MUNIR KHAN, J.This petition arises from the facts that Nazar Muhammad petitioner was tried under Articles 3 and 4 of the Prohibition (Enforcement of Hadd.) Order, 1979 (hereinafter referred to as the Prohibition Order), on the charge of keeping 599 bottles of foreign origin liquor which were recovered from his possession on 3 2 1991. 48 bottles of the liquor were recovered from the car driven by him and 551 bottles of liquor were recovered from Godown on his pointation on the same day. Abdul Majeed P.W.1 and Ghaus Bakkah P.W.2 have supported the recovery of the liquor from the petitioner. The Forensic Science Laboratory’s report reveals that the bottles contain alcohol. In his statement under section 342, Cr.P.C. the petitioner raised the plea of enmity and produced Naik Muhammad D.W.1 and Abdul Majid D.W.2 who stated that nothing was recovered from the car of the petitioner and that he was of good moral character. 2. The trial Court convicted the petitioner and sentenced him to…
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