MIRALUD-DIN vs THE STATE — 2004 PCRLJ 1779

Citation: 2004 PCRLJ 1779

Court: Federal Shariat Court

Year: 1970

Decision Date: 1970-01-01

Parties: MIRALUD-DIN vs THE STATE

Headnotes

Case cited as 2004 PCRLJ 1779

Judgment Text

Court Name: Federal Shariat Court Judge(s): Khan Riaz-Ud-Din Ahmed Title: MIRALUD-DIN vs THE STATE Case No.: Jail Criminal Appeal No,121/I of 2002 Date of Judgment:1970-01-01 Reported As: 2004 P C R L J 1779 Result: Appeal dismissed accordingly JUDGMENT JUDGMENT ' This jail appeal is directed against the judgment, dated 16-1-2002 passed by the learned Sessions Judge, Bannu, whereby the appellant Miraj-ud-Din was convicted under Article 3 of the Prohibition (Enforcement of Hadd) Order, 1979 (hereinafter called the Prohibition Order) and was sentenced to undergo R.I. For five years and fine of Rs,2,000. He was further convicted under Article 4 of the Prohibition Order and was sentenced to two years' R.I. With a fine of Rs,1,000. In default of total fine of Rs,3,000 the appellant shall further suffer S.I. For three months. Both the sentences were ordered to run concurrently. The appellant was however, given the benefit of section 382-B, Cr.P.C. 2. Briefly the facts of the case as gleaned from the F.I.R. Recorded at Police Station Baka Khel Bannu on the complaint sent by Musanif Shah, A.S.-I. Baka Khel are that on 5-2-2001 at 5-00 p.m. He along with police party was present on Bannu Miranshah Road in front of Police Station Baka Khel in connection with checking, of smugglers when a Flying Coach bearing Registration No,1265-BUC coming from Miranshah side was stopped for effecting its search, during the course of which he deboarded the accused, who was found sitting on the…

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