Law:

Section:

(a) Prohibition (Enforcement of Hadd) Order (4 of 1979)--- ----Art.4---Constitution of Pakistan (1973), Art.203-F(2-B)---Leave to appeal was granted by Supreme Court to determine whether the accused not apprehended on the spot could be held guilty of the offence under Art. 4. of the Prohibition (Enforcement of Hadd) Order, 1979 and whether the sentence awarded to other accused arrested on the spot was justified particularly when the sentence provided for the offence was two years R.I . (b) Prohibition (Enforcement of Hadd) Order (4 of 1979)--- ----Art.4---Appraisal of evidence---Parcels of the recovered material were transmitted by Police to the Chemical Examiner for analysis after a considerable delay of more than a month---Recovery attributed to the accused not apprehended on the spot did not in any manner connect him with the commission of the offence---No independent witness was associated in recovery proceedings---Accused was acquitted in circumstances ---Co accused had been taken into custody at the spot and he has sufficiently undergone the rigors of the trial during the entire decade---Conviction of co-accused was maintained, but his sentence was reduced to the term of imprisonment already undergone by him in circumstances. ORDER SH. RIAZ AHMAD, J.---This appeal by leave of the Court calls in question judgment, dated 17th of March, 1998 whereby a learned Single Judge of the Federal Shariat Court dismissed the appeal of the appellants calling in question their conviction and sentences on the charge under Article 4 of the Prohibition (Enforcement of Hadd) Order, 1979. Appellants Shadoo and Aslam were tried by a learned Additional Sessions Judge at Larkana for having committed an offence under Article 4 of the Prohibition and at the conclusion of the trial were convicted and sentenced to four years' R.I. each, and to pay fine of Rs.5,000 each or in default thereof, to further suffer S.I. fox six months besides infliction of 30 stripes each vide judgment, dated 7th of February, 1998. On appeal as stated above, a learned Single Judge of the Federal Shariat Court maintained their conviction and sentences in terms of judgment impugned herein. On 15-10-1998…

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