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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: THE STATE VS Respondent: IRSHAD AND 2 OTHERS
Court Name: Peshawar High Court Judge(s): Abdul Karim Khan Kundi Title: THE STATE vs IRSHAD AND 2 OTHERS Case No.: Criminal Miscellaneous No, 14 of 1986 Date of Judgment:1986-06-17 Reported As: PLD 1986 Peshawar 166 Result: Bail cancelled.
JUDGMENT
JUDGMENT Ali Zaman, Gulzar and Irshad were apprehended red handed while carrying opium weighing 28 kilograms, 29 kilograms and 31 kilograms respectively. Samples thereof were sent in sealed parcels to the Forensic Science Laboratory, Peshawar which were also reported as opium. The case of the accused-respondents prima facie falls under clause 2 of Article 3 or the second proviso of Article 4 of the Prohibition (Enforcement of Hadd) Order, 1979, as the accused-respondents were found trafficing in and in possession of raw opium in a quantity more than one kilogram each and in either case the maximum punishment prescribed for the offence is imprisonment for life. The case of the accused-respondents was, therefore, covered by the prohibitory clause contained in subsection (I) of section 497, Cr. P. C. 2. The learned Sessions Judge has granted bail to the accused-respondents for the Prohibition (Enforcement of Hadd) Order, 1979, was not applicable to Kaniri where the opium was allegedly seized from the respondents as it was a Provincially Administered Tribal Area. In fact under Article 247 of the Constitution it is the Act of the Parliament or a Provincial Assembly which shall not ipso facto apply to Provincially Administered Tribal Area or to any part thereof unless the Governor of a Province, in which the tribal area is situate, directs so with the approval of the President. The Prohibition (Enforcement of Hadd) Order, 1979, does not fall in the category of Acts of Parliament or a Provincial Assembly. It is a Presidential Order extended to the whole of Pakistan including the tribal area and does not necessitate any formal application/extension as provided under Article 247 of the Constitution. 3. In short, since the accused-respondents have been found prima facie involved in an offence punishable with imprisonment for life, as such C their bails are cancelled. They are present in Court