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MANO vs State art — 2022 YLR 396 FEDERAL-SHARIAT-COURT

Case information

Citation
2022 YLR 396 FEDERAL-SHARIAT-COURT
Court
Federal Shariat Court
Year
2022
Reporter
YLR
Parties
MANO vs State art
Subject matter
Criminal
Provisions referred to
S. 103---R; S. 103; Criminal Procedure Code (V of 1898)

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

MANO VS State art. 4---Criminal Procedure Code (V of 1898), S. 103---Recovery of liquor---appreciation of evidence---Benefit of doubt---Search to be made in presence of witnesses--- Scope---Prosecution case was that ten litres of liquor was recovered from the possession of accused, however, during interrogation, accused led the police party to his house and produced four jerricans, each containing thirty litres of unprepared wine---Nothing on record that respectable inhabitants of the vicinity were called to act as a witness of alleged recovery made from the house of the accused in non-compliance of mandatory provision of S. 103, Cr.P.C.---Non-association of two respectable inhabitants of the locality during search of the house, without obtaining warrant under art.22 of the Prohibition of (Enforcement of Hadd) Order, 1979 demonstrated illegality and a glaring misuse of power---Circumstances established that the prosecution had failed to prove its case against the accused beyond shadow of doubt---appeal against conviction was allowed, in circumstances.

Other judgments reported in 2022 YLR

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