Law:

Section:

(a) Prohibition (Enforcement of Hadd) Order (4 of 1979)-------Arts. 3 & 4---Constitution of Pakistan (1973), Art.203-F(2-B)---Leave to appeal was granted to consider the conviction and sentence of the accused whose stand from the very beginning had been that they were passengers in the bus and not its drivers, in support whereof they had produced travelling tickets and witnesses in defence. (b) Prohibition (Enforcement of Hadd) Order (4 of 1979)--- ----Arts. 3 & 4---Mere recovery of contraband articles not sufficient for conviction---Mere recovery of contraband articles from a place or a vehicle does not automatically connect an accused person with such articles unless prosecution succeeds in showing that he had a conscious possession of the same. (c) Prohibition (Enforcement of Hadd) Order (4 of 1979)--- ----Arts. 3 & 4---Appreciation of evidence---Accused were not proved to have any connection with the bus, either as owner or driver or cleaner muchless the possession of the contraband heroin recovered from the body of the bus which was lying concealed in a cavity closed by means of bolts---Accused were acquitted in circumstances. JUDGMENT SAIDUZZAMAN SIDDIQUI, J: --The appellants were tried under Articles Nos. 3 and 4 of the Prohibition (Enforcement of Hadd) Order 1979, hereinafter to be referred `the Order' only. Both the appellants were found guilty by the trial Court under Articles Nos. 3 and 4 of the Order and sentenced to life imprisonment and fine of Rs.25,000 each. In default of payment of fine they were directed to suffer R.I. for one year more. Both the accused were given benefit of section 382-B, Cr.P.C. The learned Federal Shariat Court agreed with the conviction and sentence awarded to the appellants by the trial Court arid accordingly, their appeals were dismissed. Leave was granted in the above case to consider the conviction and sentence of the appellants as follows:--- We have gone through the evidence on record in the case with the i help of the learned counsel for the appellants as well as the State and are of the view that the prosecution failed to establish the case against the appellants beyond reasonable doubt. We may observe…

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