| Case ID |
2bd64c7e-cec4-402c-8e3b-964e6b898f49 |
| Body |
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| Case Number |
Criminal Appeal No. 17/L of 2008 |
| Decision Date |
Feb 14, 2013 |
| Hearing Date |
|
| Decision |
The court upheld the conviction of Haji Amanat Ali under Article 3(b) of the Prohibition (Enforcement of Hadd) Order, 1979 for providing intoxicating substances disguised as soft drinks, which led to fatalities. However, the sentence of five years' rigorous imprisonment and a fine of Rs. 10,000 was deemed excessive since the original charge was under Article 11, which stipulates a maximum of three years' imprisonment. The court reduced the sentence to three years' rigorous imprisonment without a fine, emphasizing procedural fairness and the need for proper charge alteration. |
| Summary |
This case revolves around the appeal of Haji Amanat Ali, who was convicted for violating the Prohibition (Enforcement of Hadd) Order, 1979. The case arose when several individuals died after consuming what they believed to be soft drinks, which were actually laced with intoxicants. The prosecution argued that Amanat Ali provided these drinks, leading to the deaths and serious injuries of others. The trial court initially sentenced him to five years' rigorous imprisonment and a fine, but upon appeal, it was determined that the conviction was valid, yet the sentence was excessive. The court highlighted the importance of adhering to legal protocols regarding charge alterations, ultimately reducing his sentence to three years' imprisonment. This case underscores the legal ramifications of providing harmful substances and the judicial system's commitment to ensuring fair sentencing practices. |
| Court |
Federal Shariat Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD JEHANGIR ARSHAD, J
|
| Lawyers |
Zafar Iqbal Chohan for Appellant,
Zahid Younas, DPP for the State
|
| Petitioners |
Haji Amanat Ali
|
| Respondents |
The STATE
|
| Citations |
2013 SLD 2673,
2013 YLR 1555
|
| Other Citations |
Not available
|
| Laws Involved |
Prohibition (Enforcement of Hadd) Order, 1979,
Penal Code (XLV of 1860)
|
| Sections |
3,
4,
11,
322
|