BINYA MEEN NASIR ALIAS PAPOO Versus STATE

This is an appeal by Binya Meen alias Papoo, who, by means of judgment, dated the 10th March, 1993, has been convicted by Ch. Zulfiqar Ahmad Ghuman, Magistrate 1st Class, Lahore Cantt., under Article 3 of the Prohibition (Enforcement of Hadd) Order, 1979, hereinafter referred to as the Prohibition Order, and sentenced to undergo rigorous imprisonment for three years.

2. It was contended by learned counsel for the appellant that the police party raided the house of the appellant without a search-warrant and thus I contravened provisions of Article 16 of the Prohibition Order. It was also urged by him that the provisions of section 103 of the Code of Criminal Procedure were not followed by the police in the instant case. His contention was that due to above lapses on the part of the police, the entire proceedings resulting in the conviction of the appellant are illegal and he deserved to be acquitted. Learned counsel for the State concedes this position.

3. I, therefore, accept this appeal, set aside the conviction of the appellant under Article 3 of the Prohibition Order as well as the sentence awarded to him thereunder. He is thus acquitted and shall be set at liberty forthwith if not required in any other case.

N.H.Q./883/FSC

Appeal accepted.