2009 P Cr (PLP)
SAROOP CHAND — Applicant Versus THE STATE — Respondent
| Citation | 2009 P Cr (PLP) |
| Forum / Court | Federal Shariat Court |
| Bench Members | N/A |
| Parties | SAROOP CHAND — Applicant Versus THE STATE — Respondent |
| Primary Law | Prohibition (Enforcement of Hadd) Order (4 of 1979) |
Q1: What are the key laws and sections cited in 2009 P Cr (PLP)?
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 2009 P Cr (PLP)?
The case was heard and decided by the Federal Shariat Court bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2009 P Cr (PLP) (SAROOP CHAND — Applicant Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Headnotes / Summary
Art. 4
Punjab, N.-W.F.P. and Balochistan Prohibition (Enforcement of Hadd) Rules, 1979, R.12(Part-II)
Sindh Prohibition Rules, 1979, R.11(b)
Criminal Procedure Code (V of 1898), Ss.435 & 439
Accused was a Hindu who was in possession of a meagre quantity of Desi Sharab meant for his personal consumption and he could have obtained a permit under R.12(Part-II) of Punjab, N.-W.F.P. and Baluchistan Prohibition (Enforcement of Hadd) Rules, 1979, but he was a resident of Sindh, he could have only obtained intoxicating liquor on or at a ceremony prescribed by his religion under R.11(b) of the Sindh Prohibition Rules, 1979
Desi Sharab recovered from the applicant being not for commercial purpose, but only for personal consumption in meagre quantity and also in view of submissions made by the counsel for the parties, Federal Shariat Court taking lenient view of the matter, reduced the sentence of the applicant to already undergone by him subject to payment of Rs.1,000 as fine.
Judgment & Decree
HAZIQUL KHAIRI, C.J.
The applicant was convicted under Article 4 of Prohibition (Enforcement of Hadd) Order, 1979 whereby he was sentenced to one (1) year's R.I. and fine of Rs.1,000 in default of payment to suffer R.I. for one month. Learned counsel for the applicant while conceding the conviction of the applicant prays that his sentence may be reduced upto this date as he was in possession of a small quantity of Desi wine for his personal use and that he is a non-Muslim also. Learned A.A.-G. Mr. Farid-ul-Hassan admits this position. I am mindful of the fact that the applicant is a Hindu who was in possession of a meagre quantity of Desi Sharab meant for his personal consumption and he could have obtained a permit (P.R.I) under Rule 12 (Part II) of Punjab N.-W.F.P. and Baluchistan Prohibition (Enforcement of Hadd) Rules, 1979/80 but since he was a resident of Sindh he could have only obtained intoxication liquor on or at a ceremony prescribed by his religion under Rule 11(b) of the Sindh Prohibition Rules, 1979. As to why the Provincial Government of Sindh has made Rule 11(b) different from other Provincial Governments is not understandable. The Rules under a statute are subservient to the statute/parent law. In view of the above position and the fact that the Desi wine recovered from the applicant was not for commercial purpose but for personal consumption in meagre quantity and also in view of submissions made by the learned counsel for the parties I am inclined to take a lenient view of the matter and reduce the sentence of the applicant upto this date viz. 6-11-2008 subject to payment of Rs.1,000 as fine and in default of payment whereof the applicant shall suffer S.I. for one week. Since the applicant is on bail his bail bond shall be cancelled and the surety shall be discharged upon payment of Rs.1,000 by the applicant as fine in the trial Court. In case the applicant fails to pay the fine upto 11-11-2008, he will be arrest to serve S.I. for a week. This revision stand disposed of accordingly. H.B.T./59/FSC Order accordingly.