1998 PLP 458 (SCMR)
ABDUL MAJEED‑‑‑Petitioner Versus THE STATE through A.‑G., Sindh, Karachi ‑‑‑ Respondent
| Citation | 1998 PLP 458 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Saiduzzaman Siddiqui, Raja Afrasiab Khan and Pir Muhammad Karam Shah, JJ |
| Parties | ABDUL MAJEED‑‑‑Petitioner Versus THE STATE through A.‑G., Sindh, Karachi ‑‑‑ Respondent |
| Primary Law | Prohibition (Enforcement of Hadd) Order (4 of 1979)‑‑‑ |
Q1: What are the key laws and sections cited in 1998 PLP 458 (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 458 (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 458 (SCMR) (ABDUL MAJEED‑‑‑Petitioner Versus THE STATE through A.‑G., Sindh, Karachi ‑‑‑ Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- M.M. Aqil, Advocate Supreme Court and Faizanul Haq, Advocate‑on -Record (absent) for Petitioner.
- Date of hearing: 24th April, 1995.
- M.M. Aqil, Advocate Supreme Court and Faizanul Haq, Advocate-on -Record (absent) for Petitioner.
Headnotes / Summary
(On appeal from the judgment of Federal Shariat Court dated 27‑2‑1994 passed in Cr.A. No. l/K of 1994). ‑‑‑‑Art.4‑‑‑Constitution of Pakistan (1973), Art.203‑F(2‑B)‑‑‑Leave to appeal was granted to examine the contention that Federal Shariat Court while maintaining the conviction of the accused had completely overlooked that the heroin allegedly recovered from him was sent to Chemical Examiner after more than two months of its recovery for which no explanation had been offered in the prosecution evidence which even did not show that the same had been kept intact under safe custody during such period. Nemo for the State.
Judgment & Decree
SAIDUZZAMAN SIDDIQUI, J.
The petitioner has sought leave to appeal against the judgment of Federal Shariat Court dated 27-2-1994, whereby the learned Court while maintaining the conviction of petitioner under Article 4 of the Prohibition (Enforcement of Hadd) Order, 1979, reduced the sentence from 7 years to 2 years' R.I., fine from Rs.20,000 to Rs.5,000 and in default to suffer R.I. for 2 months and stripes from 15 to 5 with benefit of section 382-B, Cr.P.C. In seeking leave to appeal, the learned counsel for the petitioner contended that the learned Federal Shariat Court while maintaining the conviction of petitioner under Article 4 ibid, completely overlooked that the heroin allegedly recovered from the petitioner on 6-3-1993 was sent to Chemical Examiner on 15-5-1993 i.e. after more than 2 months of the date of recovery. It is further contended that besides the fact no explanation was offered in the prosecution evidence for this inordinate delay, there was nothing in the evidence of prosecution to show that the heroin was kept during this period intact under safe custody. The contention raised by the learned counsel needs further examination and we, accordingly grant leave to appeal. The bail granted to petitioner shall remain operative until hearing and decision of the appeal. N.H.Q./A-1335/S Leave granted.