Law: Prohibition (Enforcement of Hadd) Order, 1979

Section: 4

Law: Constitution of Pakistan, 1973

Section: 203F(2B)

Law: Criminal Procedure Code (V of 1898)

Section: 103

(a) Prohibition (Enforcement of Hadd) Order (4 of 1979)   Art. 4 Constitution of Pakistan (1973), Art. 203F(2B) Leave to appeal was granted to consider that how a Habeas Petition against illegal detention of accused by police could be filed in High Court a day prior to his arrest in the case which aspect had made the recovery proceedings doubtful and the same had not been considered by the Courts below.  (b) Prohibition (Enforcement of Hadd) Order (4 of 1979)   Art. 4 Criminal Procedure Code (V of 1898), S. 103 Appraisal of evidence Despite the raid having been conducted consequent upon secret information police did not associate two respectable persons from the locality to witness the house search of accused Association of one public witness with the recovery proceedings was not sufficient to fulfil the mandatory requirement of S. 103, Cr.P.C. and such legal infirmity per se could vitiate the search proceedings Even otherwise a day before the alleged recovery of heroin from the Baithak of the accused, his cousin had filed a Habeas Corpus Petition against the Investigating Officer for the recovery of accused from his custody and, thus, reasonable possibility of false involvement of accused in the case was very much there entitling him to the benefit of doubt Accused was acquitted in circumstances.  JUDGMENT MUHAMMAD MUNIR KHAN, J:Muhammad Mansha appellant was tried by the Additional Sessions Judge, Chunian, under Articles 3 and 4 of the Prohibition (Enforcement of Hadd) Order, 1979 on the charge of possessing 20 kg. heroin on 18 6 1990 which was recovered from his Baithak situate in Thing More, District kasur, who, on 14 9=1991, convicted him under Article 4 of the Prohibition Order and sentenced him to imprisonment for life, thirty stripes and a fine of Rs.50,000,, or six months’ R.I. in default. Federal Shariat Court vide its judgment dated 30 4 1992 dismissed the appeal filed by him against his conviction and sentence but has given him the benefit of the provisions of section 382 B, Cr.P.C. Feeling aggrieved thereby, he filed a petition for leaveto appeal in this Court which was granted on 9-6-1994. Leave granting order reads:…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492