1. This Revision Application under section 439, Cr.P.C. Has been filed by Faqir Hussain against his conviction under section 3 of Prohibition Enforcement of Hadd Order, 1979.
2. Briefly the facts are that on 6-3-1983, A.S.I. Tikka Khan of Orangi Police Station, Karachi, at Banaras Chowk stopped one Taxi fur the purpose of checking as he was on Traffic duty on that day. As soon as Taxi stopped one person opened the door and ran away while applicant was apprehended and police secured 7 K.Gs. Of Charas tying by the side of applicant. The case proceeded and applicant was convicted under section 3 of Prohibition Enforcement (Hadd) Order, 1979 by Additional City Magistrate, Court No. 3 West Karachi on 16-5-1.9234, sentenced him to suffer R. I. For 12 months and to pay fine of R, .1 ,000 in default of payment of fine to suffer S.I. For four months more.
3. Being aggrieved the applicant filed appeal under section 408, Cr.P.C. In the Court of Sessions, which was dismissed by the III---Additional Sessions Judge, Karachi on 25-6-1985.
4. I have heard Mr. Mirza Atiq Baig. It is contended that Charas was not found from exclusive possession of the applicant and both the Courts have not appreciated the evidence of witnesses.
5. He has cited 1985 P Cr. L J 2418.