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

Section: 4

Law: Criminal Procedure Code (V of 1898)

Section: 103

Prohibition (Enforcement of Hadd) Order (4 of 1979)--- ----Art. 4---Criminal Procedure Code (V of 1898), S.103---Recovery proceedings---Mandatory provisions of S.103, Cr.P.C:---.---Applicability-- Recovery of 20 kgs. of wet opium---Raid was conducted on the basis of a spy information at the place of recovery---Place was a dairy surrounded by houses---None from the private persons was asked to become a witness---No reason for not joining at least two respectable inhabitants of the locality was shown by the prosecution---Effect---Violation of mandates of S.103, Cr.P.C., in such a raid had eroded the basis of veracity of the witnesses of recovery who were neither independent nor respectable inhabitants of the locality---Where the principles of criminal jurisprudence was ignored, evidence on record could not inspire confidence---Prosecution failed to prove its case beyond reasonable doubt---Accused was acquitted in circumstances. 1998 PCr.LJ 1293; PLD 1997 SC 408; 1997 SCMR 1692 and PLD 1977 SC 273 ref. THIS JUDGMENT DELIVERED BY: ABDUL WAHEED SIDDIQUI, JUSTICE---.--- Appellants have assailed a judgment delivered by the Court of Additional Sessions Judge-II, Quetta on 10-11-1998 whereby each one of them is convicted under Article 4 of the Prohibition (Enforcement of Hadd) Order, 1979, hereafter to be referred to as the said Order, and is sentenced to R.I. for 10 years, fine of Rs.20,000 in default of payment of which the defaulter shall have' to undergo S.I. for six months more. Benefit of section 382-B, Cr.P.C., is extended to each of the appellants. 2. On the basis of spy information, Inspector of Police Ghulam Dastagir (P.W.3), accompanied by other personnel raided Dheri Abdul Rasheed, at Sabzal Road, Quetta at 5 p.m. on 17-9-1997 and found one Car No.QAG/5042 Toyota Corolla 1974 inside the Dheri. In the car there were sitting three present appellants. The car was searched in the presence of A.C./S.D.M. and from its dicky, one white coloured plastic bag was recovered. From the said bag 20 Kgs. of wet opium were recovered. Appellants were challaned and charged under Articles 3 and 4 of the said Order to which they did not plead guilty. 3. To prove its case,…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492