Law:

Section:

(a) Prohibition (Enforcement of Hadd) Act, 1979 Ss. 3 & 4 Criminal Procedure Code (V of 1898), S.342 Appreciation of evidence Accused was convicted under Ss.3 & 4 of Prohibition (Enforcement of Hadd) Act merely on ground that a big quantity of 23 bottles of whisky was recovered from him which itself was a fact to prove that accused was bringing said liquor for purpose of selling Observations of Courts below were based on conjectures and surmises as no iota of evidence was on record to suggest that accused was, in any way, engaged in selling intoxicant Recovery of mere big quantity of intoxicant per se was no ground for recording conviction of accused under S.3 of Prohibition (Enforcement of Hadd) Act for purpose of selling intoxicant particularly so when out of 23 bottles, 21 bottles were not sent to Chemical Examiner for examination In absence of Report of Chemical Examiner, it could not be said with regard to 21 bottles as to which type of material those were containing Whether these bottles were containing intoxicant material or not was a mere suspicion which could not be a substitute of a proof which was strictly required in a criminal case to be proved against accused Out of 23 bottles of whisky allegedly recovered from accused only 2 were sent to Chemical Examiner for his report and his report was positive, but that incriminating piece of evidence was not put to accused while recording his statement under S.342, Cr.P.C. and no explanation was sought from accused ¬Mandatory requirements of S.342, Cr.P.C. having not been fulfilled in case by Courts below, conviction of accused could not be recorded under S.4 of Prohibition (Enforcement of Hadd) Act. Abdul Majid v. State 1996 PCr.LJ 309 and Saifullah v. The State 1995 MLD 946 ref. (b) Prohibition (Enforcement of Hadd) Act, 1979 Ss. 3 & 4 Criminal Procedure Code (V of 1898), 5.342 Natural justice, principle of Violation Out of 23 bottles of whisky allegedly recovered from accused 2 bottles were sent to Chemical Examiner for his report and his report being positive, was admitted into evidence without putting same to accused under 5.342, Cr.P.C. for seeking his explanation on that incriminatory…

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