Law: Criminal Procedure Code (V of 1898)

Section: 103

Law: Prohibition (Enforcement of Hadd) Order (4 of 1979)

Section: 4

[Criminal Procedure Code (V of 1898)].......S 103---Applicability of S. 103, Cr.P.C: --During investigation the applicability of S.103, Cr.P.C. with regard to search is not only restricted to any locality, house or fixed place of abode, but also to vehicles or buses intercepted---Investigating Officer should comply with the provisions of S.103, Cr.P.C. or otherwise must explain the reasons for non-compliance. Mirza Shah v. State 1992 SCMR 1475 ref. (b) Prohibition (Enforcement of Hadd) Order (4 of 1979)--- ----Art. 4---Appreciation of evidence---Police despite having received the prior and specific information about the contraband goods being brought by the accused did not make any arrangements for compliance of S.103, Cr.P.C. and also made no explanation for non-compliance thereof except a general statement by the recovery witnesses that people were not ready to get associated with the recovery proceedings which did not absolve the police officers of their legal responsibilities---Recovery witnesses being only Police and Excise officials, their evidence had to be scrutinised with great care and caution and the same being replete with contradictions and deficiencies had made the recovery doubtful---Accused was acquitted accordingly. Mirza Shah v. State 1992 SCMR 1475 ref. ORDER This appeal has been filed by appellant Saifullah alias Bhola son of Barkat Ali Tarkhan against the judgment dated 28-6-1994 passed by the Judicial Magistrate (Section 30, Cr.P.C.) Sialkot, whereby the appellant has been convicted under Article 4 of the Prohibition (Enforcement of Hadd) Order, 1979 (FIR No. 52/93, dated 15-2-1993 of P.S. Saddar Sialkot) and sentenced to undergo seven years' R.I., ten stripes and to pay a sum of Rs.20,000 as fine or, in default of payment, to undergo further R.I. for one year. I have heard the arguments of Mr. Shaikh Abdul Aziz, learned counsel for the appellant, and Mr. Waheed Anwar, who represented the State. With their assistance, I have gone through the record including the evidence, exhibits and the impugned judgment dated 28-6-1994. 2. According to the prosecution, on 15-2-1993, complainant Excise Inspector Sarfrazul Haq received information from an…

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