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Writ Petition No. 2649 of 1981, decided on 26th July, 1981.
‑‑‑‑‑ Arts. 3 & 4‑Punjab Prohibition (Enforcement of Hadd) Rules, 1979, r. 6‑Constitution of Pakistan (1973), Art. 199‑Non‑cognizable offence‑Question whether petitioner forwarded to prohibition officer or not in accordance with r. 6 not clear from challan and can be determined from evidence‑Trial Court directed immediately examine Investigating Officer about such point.
Ch. Muhammad Ashraf Azim for Petitioner.
This is an, application praying that the order dated 6th May, 1981 and 20th May, 1981, passed by respondents 2 and 3 be declared null and void. Respondent No. 2 by his order dated 6th May, 1981, exone rated the petitioner of allegation under Article 3 of the Prohibition (Enforcement of Hadd) Order IV of 1979 (hereinafter referred to as Order) but charged him under Article 4 of the Order. He filed a revision peti tion but the same was dismissed by respondent No. 3.
2. The allegations raised against the petitioner were that he along with another had stocked marijuana, weighing 25,000 grams (25 Kilo grams) in the house wherefrom it was recovered by the Police. The plea taken is that as it was a non‑cognizable offence, the submission of challan on the basis of an investigation conducted without the order of a Magistrate is unlawful and so inoperative.
3. The petitioner had filed a similar petition (W. P. 11365/80) before, but the same was dismissed on the ground that the petitioner may approach the trial Court first under section 249‑A, Cr. P. C. The application was thereafter made to the learned Magistrate but that too failed. The learned Magistrate held that the question whether the petitioner had been forwarded to the Prohibition Officer or not, in accordance with rule 6 of the Punjab Prohibition (Enforcement of Hadd) Rules, 1979, can be determined from evidence as it is not clear from the challan.
4. There is apparently no illegality with the order. The learned Magistrate as well as this Court can find facts only from the record. The only thing that may be called for in the interest of justice is to direct the trial Court ‑ to immediately examine the Investigating Officer A about his point. ,
There is thus no justification to interfere in this case at this stage.
It is accordingly dismissed in limine
M.Y.M. Petition dismissed.
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