| Citation(s) |
|---|
| 1990 SLG 652 1990 SLD 652 1990 SCMR 502 |
Supreme Court of Pakistan
Criminal Appeals Nos.19-R(S) and 22-R(S) of 1987, decision dated: 4-07-1989.
MUHAMMAD AFZAL ZULLAH, PIR MUHAMMAD KARAM SHAH AND MAULANA MUHAMMAD TAQI USMANI, JJ
Mian Ataur Rehman, Advocate-on-Record for Appellant (in Criminal Appeal No. 19-R(S) of 1987). M. Nawaz Abbasi, A.A.G. Punjab and Rao M. Yousaf Khan, Advocateon-Record for the State (in Criminal Appeal No. 19-R(S) of 1987). Khan Imtiaz Muhammad Khan, Adv
Criminal Appeals Nos.19-R(S) and 22-R(S) of 1987, decision dated: 4-07-1989.
MUHAMMAD AFZAL ZULLAH, PIR MUHAMMAD KARAM SHAH AND MAULANA MUHAMMAD TAQI USMANI, JJ
Mian Ataur Rehman, Advocate-on-Record for Appellant (in Criminal Appeal No. 19-R(S) of 1987). M. Nawaz Abbasi, A.A.G. Punjab and Rao M. Yousaf Khan, Advocateon-Record for the State (in Criminal Appeal No. 19-R(S) of 1987). Khan Imtiaz Muhammad Khan, Adv
KHALID NAZIR alias KHALID AZIZ and anther
VS
THE STATE--Respondent
Law:
Section:
(a) Prohibition (Enforcement of Hadd) Order (4 of 1979)------Art.4---Constitution of Pakistan (1973), Art.203-F---Leave to appeal was granted to consider question that Chemical Examiner's report was too brief to explain the method through which positive conclusions were reached with regard to chemical examination and that there was no witness of recovery from public. Muhammad Farooq v. The State 1985 P CT. L J 778 ref. (b) Prohibition (Enforcement of Hadd) Order (4 of 1979)--- ---Art.4---Criminal Procedure Code (V of 1898), S.510---Chemical Examiner's report---Giving of all details of procedures and reasons for reading positive or negative opinion about substance sent to Chemical Examiner for analysis not necessary in Prohibition (Enforcement of Hadd) cases---Details are ascertained when Chemical Examiner is summoned under S.510, Cr.P.C. Muhammad Farooq v. The State 1985 P Cr. L J 778 ref. (c) Prohibition (Enforcement of Hadd) Order (4 of 1979)--- ---Art. 4---Recovery witness from public, production of---Federal Shariat Court had dealt with the matter with reference to its decision in the case of Shah Nawaz and another v. State P L D 1986 F S C 242 relying on Muhammad Shah v. The State P L D 1984 S C 278 which went against accused---Appeal dismissed.--[Witness]. Muhammad Farooq v. The State 1985 PCr.LJ 778 ref. Shahnawaz's case PLD 1986 FSC 242 rel. ORDER MUHAMMAD AFZAL ZULLAH, J.--These appeals by leave of this Court are directed against separate judgments of the Federal Shariat Court, whereby the appellants' conviction under Article 4 of the Prohibition (Enforcement of Hadd) Order, 1979 was upheld and whilf^. reducing the sentence in the first case, it was maintained in the second one. One ground on which leave to appeal was granted is common to both the appeals; namely, that the Chemical Examiner's report is too brief to explain the method through which positive conclusions were reached with regard to the Chemical Examination. In this behalf a judgment of the Federal Shariat Court in Muhammad Farooq v. The State 1985 P Cr.L J 778 was also noticed. An additional point noted in the leave grant order (in the second case) was that there was no witness of…
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