Law:

Section:

Criminal Procedure Code (V of 1898)--S. 497---Prohibition (Enforcement of Hadd) Order (4 of 1979), Art. 3/4--­Bail, grant of---Contentions that possession of "Raw Opium" only was punishable with imprisonment for life and not that of "opium" and that the amendment in Article 4 omitting the word "Raw" was not retrospective to make the same applicable to the case having been found to have force accused was allowed bail by Supreme Court. Noor Hussain v. The State PLD 1992 FSC 497 ref. ORDER Leave granted in this case against the judgment of the Peshawar High Court, Peshawar, dated 7-4-1993; whereby the appellant's prayer for grant of bail in an offence under Article 3/4 of the Prohibition (Enforcement of Hadd) Order, 1979, was dismissed. 2. The accused/appellant was apprehended with 5 kilogram of Opium and his bail application having been rejected by the lower Court he approached the High Court. The learned Judge in the Chamber dismissed the appellant's petition in his view that the offence under Article 4 of the Prohibition (Enforcement of Hadd) Order, 1979 is punishable with imprisonment for life. It was contended by the learned counsel that it was the possession of "Raw Opium" which is punishable with imprisonment for life and not opium as held in…

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