1997 P Cr (PLP)
RAZAQ — Appellant Versus THE STATE — Respondent
| Citation | 1997 P Cr (PLP) |
| Forum / Court | Federal Shariat Court |
| Bench Members | N/A |
| Parties | RAZAQ — Appellant Versus THE STATE — Respondent |
| Primary Law | Prohibition (Enforcement of Hadd) Order (4 of 1979) |
Q1: What are the key laws and sections cited in 1997 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 1997 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: 1997 P Cr (PLP) (RAZAQ — Appellant Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Headnotes / Summary
Art. 4
Appeal was not pressed on merits and only reduction in sentence was prayed for on the ground of the accused being a poor person and a previous non convict
Sentence of seven years' R.I. and ten stripes awarded to accused by the Magistrate was reduced to five years imprisonment (three years R.I. and two years S.I.) and five stripes in circumstances
Judgment & Decree
Prohibition (Enforcement of Hadd) Order (4 of 1979)
Art. 4
Appeal was not pressed on merits and only reduction in sentence was prayed for on the ground of the accused being a poor person and a previous non convict
Sentence of seven years' R.I. and ten stripes awarded to accused by the Magistrate was reduced to five years imprisonment (three years R.I. and two years S.I.) and five stripes in circumstances
Fine of Rs.5,000 was, however, maintained. Miss Ghazala Sheerin for Appellant. M. Saliheen Moghal for the State. Date of hearing: 5th March, 1996. This appeal, has been sent from jail by convict Raza son of Muhammad Ishaq Arain challenging the judgment, dated 14-11-1995 passed by the Judicial Magistrate (Section 30, Cr.P.C.) Sialkot, (F.I.R. No.162 of 1993 of Police Station Kotwali, Sialkot), whereby the appellant has been convicted under Article 4 of the Prohibition (Enforcement of Hadd) Order, 1979, and sentenced to 7 years' R.I., 10 stripes and a fine of Rs.5,000 and in default in the payment of fine to suffer one year's R.I., more. Benefit of section 382-B, Cr.P.C. has been extended to the appellant, I have heard the arguments of Miss Ghazala Sheerin, learned counsel for the pauper appellant and Mr. M. Saliheen Moghal, learned counsel for the State.
2. The charge against the appellant was that he was found in possession of 4 Kgs. of heroin contained in 3 different packets all placed in a bag. The report of the Chemical Examiner on test carried out on the sample of 11 grams of heroin sent for chemical analysis was that the powder was heroin. The appeal is not pressed on merits by learned counsel for the appellant but it is informed that the appellant is a poor person and there is no previous conviction and as such request is made for reduction in the sentence. Learned counsel for the State submits that in the circumstances of the case, if the Court considers that it is appropriate, the sentence may be reduced. Jail Criminal Appeal No-11-1 of 1996 is dismissed on merits as not pressed. However, the sentence of the appellant is reduced to 5 years (3 years' R.I. and 2 years' S.I.), a fine of Rs.5,000 and in case of default in the payment of fine to suffer further S.I. for-3 months. The sentence of whipping is reduced to 5 stripes. Benefit of section 382-B, Cr.P.C. shall remain available to the appellant. N.H.Q./1082/FSC Sentence reduced.