Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ----S.103---Search of a vehicle does not come within the ambit of provisions of S.103, Cr.P.C. (b) Prohibition (Enforcement of Hadd) Order (4 of 1979)--- ----Arts. 3, 4 & 27(1)---Criminal Procedure Code ('V of 1898), S.417---Appeal against acquittal---Trial Court without applying its mind to the facts of the case had arrived at a wrong conclusion by misreading of evidence---Heroin was recovered at the time of apprehension of accused by police in his presence from the car driven by him---Accused in his confessional statement which was found to be voluntary and without any legal infirmity had admitted to have been engaged to transport heroin for monetary consideration---Accused, thus, had been proved guilty of transporting huge quantity of heroin and Consequently after setting aside order of his acquittal he was convicted under Art. 3 of the Prohibition Order and sentenced to ten years' R.I. with 15 stripes and fine. Ghulam Hassan and another v. The State PLD 1983 FSC 497; PLD 1987 FSC 43 and Syed Abid Hussain Shah v. The State 1983 PCr.LJ 882 ref. JUDGMENT NAZIR AHMAD BHATTI, J.---This criminal appeal, filed by the State, challenges the judgment dated 3-11-1991 of Additional Sessions Judge ­II, Swabi whereby he acquitted Jamshed Ali, Ghazanfer Ali and Amjad Ali respondents herein of the charge under Articles 3 and 4 of the Prohibition (Enforcement of Hadd) Order, 1979. The State appeal with regard to Ghazanfar Ali and Amjad Ali respondents Nos.2 and 3 was dismissed by a learned Division Bench of this Court on 12-10-1992. It was not disposed of in so far as Jamshed Ali respondent No.1 was concerned. 2. The facts of this case are very simple. Jamshed Ali respondent No.1 herein, was apprehended by ASI Jehanzaib Khan of Police Station Topi at Gandaf road about 2 k.ms. away from the police station on 20-1-1991 at about 10-00 a.m. while he was driving a Suzuki motor-car bearing No.PRM-8673. Besides the respondent No.1, his three sons Irshad aged about 7/8 years, Asif aged about 5/6 years and Dilshad aged about 4/5 years were also travelling in the same car. After the search of the secret cavities of the motor-car 20…

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