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Criminal Revision No. 25/L of 1984, decided on 27th October, 1985.
---Art. 11--Criminal Procedure Code (V of 1898), S.439--Examination of accused under S.342, Cr.P.C. in slipshod and cursory manner- Neither medical evidence nor Chemical Examiner's report put to accused for eliciting his explanation--Accused remaining behind bars for about 3 months--Charge not of very grave nature--Case considered not fit for remanding for re-trial--Conviction arid sentence set aside in circumstances.
Malik Waqar Salim for Petitioner.
Shuja-ud-Din Qureshi for Respondent.
Date of hearing: 27th October, 1985.
Muhammad Zaman alias Kalay Khan was proceeded against under Article 11 of the Prohibition (Enforcement of Hadd) Order, 1979 for having consumed alcohol, tried by Magistrate 1st Class with enhanced powers under section 30 Cr.P.C. who vide his order dated 20-5-1984 found him guilty and sentenced to 2 years' R.I. and whipping numbering 10 stripes. The appeal filed by the convict was dismissed by the Additional Sessions Judge, Lahore per his judgment dated 18-6-1984. Both the orders i.e. of trial Court and appellate Court have been assailed by filing a revision petition to this, Court which was admitted to regular hearing on 10-7-1984. On the said date a learned Judge of this Court suspended the execution of sentence and released the petitioner on bail.
2. The allegations against the petitioner are that on 21-3-1982 Ch. Zamir Ahmad Inspector Police Station Old Anarkali who was on patrol duty found the petitioner drunk outside the western door of the office of the Board of Revenue at 8.45 p.m. The petitioner was referred to Civil Dispensary Neela Gumbad, Lahore for medical examination where Dr. Muhammad Siddique (P.W.3) examined and found him to be dead drunk. His urine was obtained for chemical analysis. The report of the Chemical Examiner Exh. PF is in the positive.
3. In all six witnesses were led at the trial in support of the prosecution case. When examined the accused denied the charge and produced Ghulam Sadaq in defence who deposed that the accused was a respectable person. The only witness from the public lqbal Masih (P.W.5) did not support the prosecution version and was declared as hostile.
4. The learned counsel for the petitioner brought to our notice the examination of the accused under section 342 Cr.P.C. It is in a slipshod and cursory manner which does not comply with the legal requirements. Neither the evidence of the doctor nor the report of the Chemical Examiner was put to the accused to elicit his explanation. We would have sent back the case for re-trial of the accused from the stage of his examination but for the reasons that he had already remained behind the bars for almost three months and that the offence charged is not of very grave nature, by accepting this revision petition we set aside the conviction and sentence of the petitioner. The petitioner, who is on bail shall stand absolved of the obligation of bail bonds.
S.A./370/F.Sh Revision accepted.
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