Law:

Section:

(a) Prohibition (Enforcement of Hadd) Order (4 of 1979)-------Art.4---Appreciation of evidence---Deposition of raiding officer could safely be depended upon as he was not only a responsible officer, but had also demonstrated his impartiality by admitting, under cross-examination, circumstances which he knew would definitely go in favour of accused and his testimony could be assumed as an honest statement---Finding of fact by lower Courts that recovery of heroin was made from the locked room in the house of accused, being unexceptionable, conviction was consequently affirmed. (b) Prohibition (Enforcement of Hadd) Order (4 of 1979)--- ---Art.4---Sentence, mitigating circumstances---Trial Court keeping in view circumstances of case had already awarded somewhat heavy sentence of seven years' R.1. with a fine of Rs.10,000 and 10 stripes to accused which first Appellate Court in exercise of its revisional jurisdiction had enhanced to imprisonment for life with fine of Rs.1,00,000 and 20 stripes---Lower Appellate Court appeared to have taken note of one aspect of case only in matter of sentence and failed to notice the extenuating circumstances found in admissions of raiding officer, a star prosecution witness, going in favour of accused which had been considered by Trial Court---Another aspect appeared to have been ignored by lower Appellate Court was that highest punishment of imprisonment for life, if awarded to a person who was neither owner, smuggler nor a carrier but only was found in possession of narcotics, what higher punishment would be reserved for a carrier, owner and still higher or highest for a racketeer/smuggler---Enhanced sentence awarded to accused by lower Appellate Court was set aside by Supreme Court and that awarded by trial Court was restored in circumstances with benefit of S382-B, Cr.P.C.---[Sentence. JUDGMENT MUHAMMAD AFZAL ZULLAH, J.--This appeal by right is directed against the judgment dated 12-4-1988 of the Federal Shariat Court; whereby the conviction of the appellant under Article 4 of the Prohibition (Enforcement of Hadd) Order, 1979 was upheld. And further in exercise of its revisional jurisdiction the sentence awarded to him by the…

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