| Citation(s) |
|---|
| 1998 SLG 1308 1998 SLD 1308 1998 SCMR 476 |
Supreme Court of Pakistan
Criminal Petition No. 40(S) of 1993, decision dated: 25-04-1995
SAIDUZZAMAN SIDDIQUI, RAJA AFRASIAB KHAN AND PIR MUHAMMAD KARAM SHAH, JJ
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Criminal Petition No. 40(S) of 1993, decision dated: 25-04-1995
SAIDUZZAMAN SIDDIQUI, RAJA AFRASIAB KHAN AND PIR MUHAMMAD KARAM SHAH, JJ
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MUHAMMAD SALIM
VS
THE STATE
Law:
Section:
Prohibition (Enforcement of Hadd) Order (4 of 1979)--Art. 4---Constitution of Pakistan (1973), Art. 203-F(2-B)---Leave to appeal was granted to consider inter alia the contentions that the heroin seized by the F.I.A. Police had been sealed at the spot but according to prosecution evidence the packets were subsequently unsealed at the F.I.A. Headquarters and the samples were drawn in the absence of the accused and that although four packets were allegedly seized from the possession of the accused, yet eleven packets were produced in the Court for which prosecution had offered no explanation. Usman Ghani, Advocate Supreme Court and Akhlaq Ahmad Siddiqui, Advocate-on-Record (absent) for Petitioner. Nemo for the State. Date of hearing: 25th April, 1995. ORDER SAIDUZZAMAN SIDDIQUI, J.---The petitioner is seeking leave to appeal against the judgment of Federal Shariat Court dated 22-4-1993, whereby the learned Chief Justice of that Court upheld the conviction and sentence awarded to the petitioner by the trial Court under Article 4 of the Prohibition (Enforcement of Hadd) Order, 1979: The petitioner was tried for possessing 4550 grams of heroin powder. According to prosecution he was intercepted by the F.I.A. Police on 12-2-1989 on spy information while alighting from a Car at Hassan Square, Karachi. The contraband heroin was found contained in four 'thalies'…
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