1998 PLP 476 (SCMR)
MUHAMMAD SALIM ‑‑‑Petitioner Versus THE STATE‑‑‑Respondent
| Citation | 1998 PLP 476 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Saiduzzaman Siddiqui, Raja Afrasiab Khan and Pir Muhammad Karam Shah, JJ |
| Parties | MUHAMMAD SALIM ‑‑‑Petitioner Versus THE STATE‑‑‑Respondent |
| Primary Law | Prohibition (Enforcement of Hadd) Order (4 of 1979)‑‑ |
Q1: What are the key laws and sections cited in 1998 PLP 476 (SCMR)?
This judgment primarily cites: Prohibition (Enforcement of Hadd) Order (4 of 1979)‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1998 PLP 476 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Saiduzzaman Siddiqui, Raja Afrasiab Khan and Pir Muhammad Karam Shah, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1998 PLP 476 (SCMR) (MUHAMMAD SALIM ‑‑‑Petitioner Versus THE STATE‑‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Usman Ghani, Advocate Supreme Court and Akhlaq Ahmad Siddiqui, Advocate‑on‑Record (absent) for Petitioner.
- Date of hearing: 25th April, 1995.
- Usman Ghani, Advocate Supreme Court and Akhlaq Ahmad Siddiqui, Advocate-on-Record (absent) for Petitioner.
Headnotes / Summary
(On appeal from the judgment of Federal Shariat Court dated 22‑4‑1993 passed in Cr.A. No. 13‑K). ‑‑‑‑Art. 4‑‑‑Constitution of Pakistan (1973), Art. 203‑F(2‑B)‑‑‑Leave to appeal was granted to consider inter alia the contentions that the heroin seized by the F.I.A. Police had been sealed at the spot but according to prosecution evidence the packets were subsequently unsealed at the F.I.A. Headquarters and the samples were drawn in the absence of the accused and that although four packets were allegedly seized from the possession of the accused, yet eleven packets were produced in the Court for which prosecution had offered no explanation. Nemo for the State.
Judgment & Decree
SAIDUZZAMAN SIDDIQUI, J.
The petitioner is seeking leave to appeal against the judgment of Federal Shariat Court dated 22-4-1993, whereby the learned Chief Justice of that Court upheld the conviction and sentence awarded to the petitioner by the trial Court under Article 4 of the Prohibition (Enforcement of Hadd) Order, 1979: The petitioner was tried for possessing 4550 grams of heroin powder. According to prosecution he was intercepted by the F.I.A. Police on 12-2-1989 on spy information while alighting from a Car at Hassan Square, Karachi. The contraband heroin was found contained in four 'thalies' which were taken into possession by the F.I.A. Inspector at the spot and after weighing were sealed under a 'Mushimama' witnessed by P.W.I Syed Fahimuddin. In seeking leave to appeal, the learned counsel for the petitioner contended that the contraband heroin seized by the F.I.A. Police at the spot was sealed there but according to both the prosecution witnesses examined in the case, the packets were unsealed at the F.I.A. Headquarters on 16-2-1989 and samples were drawn on that date in the absence of the petitioner. It is also contended that although numbers of packets seized from the possession of petitioner were 4 according to prosecution evidence but when produced in Court the numbers of packets were 11 for which no explanation was offered by the prosecution. The above contentions, inter alia, require consideration and we, accordingly, grant leave to appeal. The petitioner has also applied for grant of bail pending his appeal. We are not inclined to admit the petitioner to bail at this stage. However, we direct that the appeal may be fixed for regular hearing at an early date. N.H.Q.fM-3112/S Leave granted.