NAZIR HUSSAIN vs The STATE — 1971 SCMR 404

Citation: 1971 SCMR 404

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-04-07

Parties: NAZIR HUSSAIN vs The STATE

Headnotes

Case cited as 1971 SCMR 404

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Waheeduddin Ahmad, Hamoodur Rahman Title: NAZIR HUSSAIN vs The STATE Case No.: Criminal Appeal No. 61 of 1970 Criminal Revision No. 454 of 1967 Date of Judgment:1971-04-07 Reported As: 1971 SCMR 404 Result: Appeal allowed JUDGMENT JUDGMENT HAMOODUR RAHMAN, C. J.-This appeal, by special leave, arises out of a judgment of a learned Single Judge of the erstwhile High Court of West Pakistan, Lahore Seat, in Criminal Revision No. 454 of 1967,. Whereby the High Court refused to interfere with the conviction of the appellant for an offence under section 61 of the Excise Act of 1914. The appellant, who -is a taxi driver, was ambushed on a metalled road on the eastern Bund of river Ravi near village Malipur, Lahore, at about 2-00 a.m. Of the 17th of July 1965, driving taxi No. LR-4731, in which there were- two passengers carrying a package with them. On information received by the Commander of the Sutlej Rangers, Lahore, a raiding party was organised and the taxi No. LR-4731, which was found coming from the Ravi bridge side, was stopped. Al soon as the taxi stopped the passengers ran away. The search of the taxi led to the discovery of a package containing four seers of charas. The appellant was arrested and challaned. The appellant pleaded not guilty to the charge and stated that he took the two passengers in his taxi from the Railway Station. The passengers asked him to go to Sanda but near the Secretariat he was directed to go from…

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