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(a) Prohibition (Enforcement of Hadd) Order (4 of 1979)--Art. 4---Criminal Procedure Code (V of 1898), 5:103---Constitution of Pakistan (1973), Art.203-F (2-B)---Appeal against acquittal---Federal Shariat Court had not accepted the explanation tendered for not associating the public witnesses in the search proceedings for cogent and valid reasons---Search of the house of accused being within the purview of S. 103, Cr.P.C. acrd no plausible explanation having been to condone the legal requirement of associating two respectable persons of the locality in the proceedings, legality of the search and consequential recovery of the narcotics. was definitely suspicious---Federal Shariat Court, therefore, had rightly discarded the recovery of the contraband opium attributed to accused---Leave to appeal was refused accordingly. Ashiq Hussain v. State 1995 MLD 932; Mirza Shah v. The State 1992 SCMR 1475 and Yar Muhammad v. State PLD 1997 Quetta 31 ref. Mir Muhammad v. State 1995 SCMR 614 distinguished. (b) Criminal Procedure Code (V of 1898)-- ----S. 103---Applicability of S.103, CI.P.C.----Provisions of 5.103, Cr.P.C. apply to a case where police conducts search of the house/place to recover an article for which search is to be made and not to a case where anything is to be discovered in consequence of information given by or on, pointation of the accused. Mir Muhammad v. State 1995 SCMR 614 ref. Raja Abdul Ghafoor, Advocate Supreme Court/Advocate-on-Record and Advocate-General, Sindh (absent) for Petitioner. Nemo for Respondent. Date of hearing: 17th March, 1997. JUDGMENT MUHAMMAD - BASHIR KHAN JEHANGIRI, J.---This criminal petition for leave to appeal has been filed by the State against the order recorded by the learned Federal Shariat Court on 10-10-1995 whereby Shankar accused­ respondent was acquitted of the charge under Article 4,of the Prohibition (Enforcement of Hadd) Order, 1979 (hereinafter called as the Order). 2. Shankar son of Mevo, respondent was tried for having been found in possession of opium weighing 250 grams (recovered from his pocket) and 5 kilograms (seized on his pointation from the brief-case from a , room of his house). He was convicted under…

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