| Citation(s) |
|---|
| 1991 SLG 968 1991 SLD 968 1991 SCMR 543 |
Supreme Court of Pakistan
Criminal Appeal No.54 of 1986, hearing DATE : 14-10-1990. decided on 26-11-1990 (From the order of the Lahore High Court dated 17-2-1985 passed in Cr. R. No.74 of 1985)
RUSTAM S. SIDHWA AND MUHAMMAD AFZAL LONE, JJ
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Criminal Appeal No.54 of 1986, hearing DATE : 14-10-1990. decided on 26-11-1990 (From the order of the Lahore High Court dated 17-2-1985 passed in Cr. R. No.74 of 1985)
RUSTAM S. SIDHWA AND MUHAMMAD AFZAL LONE, JJ
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MUSHTAQ AHMAD
THE STATE
Law:
Section:
Prohibition (Enforcement of Hadd) Order (4 of 1979)--Art. 2(g)(h)---Constitution of Pakistan (1973), Art.185(3)---Leave to appeal was granted to consider the question whether three bottles recovered from accused contained "intoxicant" or "intoxicating liquor" within meaning of Art. 2(g)(h) of the Order. (b) Prohibition (Enforcement of Hadd) Order (4 of 1979)-- ----Art.2(h)---"Intoxicating liquor"---Definition---Intoxicating liquor has reference to liquids consisting of or containing something which produce intoxication. Article 2(h) of Order 4 of 1979 defines "intoxicating liquor" to include toddy, spirits of wine, wines, beer and all liquids consisting of or containing alcohol normally used for purposes of intoxication, but does not include a solid intoxication even if liquefied. The word "liquor" does not necessarily mean liquid containing alcohol, such as beverage drink produced by fermentation or distillation. In common parlance it also denotes liquids, fluids or matters in a liquid state; chemical solutions used in the manufacture and preparation of articles and in certain processes; liquid solutions used as a wash or bath, or to cure or purify articles etc. The expression "intoxicating liquor", therefore, has reference to liquids consisting of or containing something which produces intoxication. (c) Prohibition (Enforcement of Hadd) Order (4 of 1979)-- ----Art. 2(h)---Word "includes" contained in Art.2(h)---Meaning---Word "includes" in Art.2(h) is used as a word of enlargement of expression "intoxicating liquor" and ordinarily implies that something else also falls within that definition beyond the general or generic meaning of the expression which precedes it--Expression "intoxicating liquor" as used in its general or generic sense includes all forms of drinks, beverages or liquids containing the articles specified in the Schedule to the Order or alcohol which are normally used by persons for purposes of intoxication---Word "intoxication" in Art.2(h) does not mean to get drunk or unconscious or inebriated or elated beyond the bounds of sobriety. The word `include' is very generally used in interpretation clauses in order to enlarge the meaning of the…
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