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MUHAMMAD SIDDIQUE versus STATE


Sections 497, 103 and 105 of the Prohibition (Enforcement) Order (4 of 1979), Arts 3, 4 and 22 bail, further investigation grants both defendants to the FIR with the specific role of making alcohol at their residence. Was named; the police entered their home with no search warrant and violated the law altogether. Under the Prohibited Order 22 (Enforcement) Order, 1979, the law was required to seek a search warrant for entry into a private residence. The search of the place was valid only when the search warrants were issued by the Collector, Prohibition Officer or Magistrate and also by the person authorized by the search warrant. The raiding party also violated the mandatory provisions of Section 103, CR PCA, for not having the independent witnesses in the area eligible to testify in the recovery process to prove the manufacture of alcohol. Which made the process illegal and made the process unsuccessful. Islam places great importance on the sanctity and security of the privacy of a home and no one is allowed to violate the privacy of the home, regardless of the business of the house, which is in accordance with Article 14 of the Constitution. The sanctity and privacy of the private house were also violated and the raiding party did not comply with the mandatory provisions of section 105, CCPC, without seeking permission from the magistrate before raiding the private residence. The offense, which was eligible under Article 4 of the Prohibition (Enforcement) Order 1979, was also not framed against the accused because they were not transmitting the said material. Police recovered the articles through which the accused produced alcohol. Were. Plant and fabricate any of the recovered articles for the yeast process

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