Law:

Section:

(a) Prohibition (Enforcement of Hadd) Order (4 of 1979) Art. 4 Criminal Procedure Code (V of 1898), S. 103 Police witnesses ¬Police officials are as good witnesses as others: [Witness]. (b) Prohibition (Enforcement of Hadd) Order (4 of 1979) Art. 4 Constitution of Pakistan (1973), Art. 203E (2B) Leave to appeal No enmity against police witnesses had been proved on the record who had no reason to plant huge quantity of heroin upon the accused Police Inspector had expressly mentioned in the F.I.R. that they had no time to obtain search warrants from the Magistrate Even otherwise Police had a secret information about selling of heroin by the accused which being an offence under Art. 3 was cognizable one according to Art. 16(1)(a) of Prohibition (Enforcement of Hadd) Order, 1979 Acquittal of co accused by Federal Shariat Court did not conclude that the accused was also innocent Leave to appeal was refused in circumstances. ORDER MUHAMMAD TAQI USMANI, J On 11 6 1992 Muhammad Ra6que, Inspector Police Station Mangtanwala with other police personnel was present at More Khunda where on the basis of a secret information he arranged a raiding party and raided at the house of the petitioner Mushtaq Ahmad. The raiding party found Mushtaq Ahmed (petitioner) and his coaccused Mst. Sakina Bibi sitting in the Baithak. They recovered a tin (P 1) containing heroin. It was latter proved to be 2.5 kilograms in weight. F.I.R. to this effect was lodged on the same day by Muhammad Rafique Inspector and the accused were challaned in the Court of Judicial Magistrate Section 30, Sheikhupura. 2. At the trial three police officers namely, Muhammad Hussain SI (P.W.), Muhammad Akram SI (P.W.2) and Muhammad Rafique Inspector (P.W.3) proved the recovery from the house of the petitioner. The accused persons denied the charge against them but did not lead any evidence to defend the offence. 3. The learned trial Magistrate held the accused guilty of offence under Article 4 of the Prohibition (Enforcement of Hadd) Order, 1979 (Order 4 of 1979). The petitioner was sentenced to five years' rigorous imprisonment, ten stripes and a fine of Rs.15,000 or six months further simple imprisonment in case of…

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