Law:

Section:

Prohibition (Enforcement of Hadd) Order (4 of 1979)-------Art. 4---Constitution of Pakistan' (1973), Art. 185(3)---Question whether convictions based solely on the testimony of police witnesses were proper in the circumstances of our society and the manner in which prosecution applied the dictum of Supreme Court to the effect that a conviction based on their evidence was not illegal, was being examined in some other cases also---Leave to appeal was accordingly granted in the case which involved the same question. ORDER NASIM HASAN SHAH, J.---The case of the prosecution was that on 11-5-1987 at about 6-15 p.m. Ch. Muhammad Ismail S.I. P.W.6 alongwith a police party was present at Bus Stand Lodhran. While he was still there he received some information that one Kakku alias Sheeda (petitioner herein) was at Super Highway (opposite Brick Kiln) and was selling opium. On receipt of this information, the S.I. alongwith his party proceeded towards the spot and when they had reached near Sahiwal Hotel they met Saeed Ahmad son of Haji Muhammad Nawaz P.W. and asked him to accompany them. On reaching the spot Riaz Ahmad Constable, who was in civilian clothes, was made a fake customer and given Rs. 20 in the shape of two currency notes to purchase some opium. He, accordingly, approached the petitioner and purchased 10 grams of opium from him. As soon as he passed on the opium to Riaz Ahmad the raiding party, on his signal, pounced upon the petitioner and recovered a large quantity of opium (weighing over 2 kilograms). The petitioner was tried under…

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