1995 P Cr (PLP)
Mst. 1QBAL BIBI — Petitioner Versus THE STATE — Respondent
| Citation | 1995 P Cr (PLP) |
| Forum / Court | Peshawar |
| Bench Members | N/A |
| Parties | Mst. 1QBAL BIBI — Petitioner Versus THE STATE — Respondent |
| Primary Law | (b) Prohibition (Enforcement of Hadd) Order (4 of 1979), (a) Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 1995 P Cr (PLP)?
This judgment primarily cites: (b) Prohibition (Enforcement of Hadd) Order (4 of 1979), (a) Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1995 P Cr (PLP)?
The case was heard and decided by the Peshawar bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1995 P Cr (PLP) (Mst. 1QBAL BIBI — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Abdullah Jan Mirza and Saeed Akhtar for Petitioner.
Headnotes / Summary
S. 497
Prohibition (Enforcement of Hadd) Order (4 .of 1979), Art.3/4/24
Nothing was recovered from the personal search of the accused lady
Recovery was made from the vehicle which was not a public place and the same being non-cognizable could not be conducted without a warrant
Arrest of accused was illegal and she was released on bail accordingly.
Arts. 16, 3, 4, 8 & 11
All the offences under Arts.3, 4, 8 & 11 of the Prohibition (Enforcement of Hadd) Order, 1979, due to the conjunction "and" used between Arts.16(1)(a) & 16(1)(b) are not cognizable offences unless committed at a public place.
Judgment & Decree
S.H.O., Police Station Khalabat Township on 9-4-1995 at 23-00 hours alongwith police party and while on mobile round of the area, was present near committee ground when a motorcar No.101-872 Karachi, coming from Main Chowk, was intercepted. 2. On, suspicion, a search was conducted and contraband heroin in two packs total weighing 100 grams was recovered from within the rear seat. Makhan Khan the driver and Mst. Iqbal Bibi a lady sitting on the rear seat were apprehended under Article 3/4/24 of Prohibition (Enforcement of Hadd) Order, 1979. Refused bail by the two forums below, Mst. Iqbal Bibi has come up to this Court. 3. Nothing is recovered from the personal search of Mst. Iqbal Bibi and' the recovery is made admittedly from a vehicle which under Article 2(j) of the Prohibition Order is a "place" and not a "public place" as defined under Article 2(1) of the Order. 4. All the offences under Articles 3, 4, 8 and 11 of the Order due to the conjunction "and" used between Article 16(1)(a) and Article 16(1)(b) are not cognizable offences unless committed at a public place. The recovery from a vehicle is, therefore; not cognizable and thus the arrest of the petitioner Mst. Iqbal Bibi is yet to be justified by the prosecution, in the manner in which it is made. No search of a private vehicle could be conducted without warrant and the arrest being illegal, the petitioner is entitled to be released on bail. 5: She is directed to be so released provided she furnished bail bond in a sum of Rs.60,000 with two local reliable and resourceful sureties each in the) like amount to the satisfaction of Ilaqa Magistrate alone. N.H.Q./1814/P Bail granted,