Appellant, Muhammad Shahid, has been convicted under Article 11 of the Prohibition (Enforcement of Hadd) Order, 1979 by Assistant Commissioner, Kotadu on 20-3-1991 and is sentenced to undergo R.I. For three years.
2. The facts are that on 10-2-1990 at 8-00 p.m. Appellant was found drunk and raising hue and cry at Chowk Sarwar Shaheed. He was apprehended by Muhammad Yousuf, A.S.I. And was sent to Civil Hospital. A case was registered at Police Station Sarwar Shaheed. After investigation he was challaned and finally convicted.
3. Ch. Younus Ali Sulehria, counsel for the appellant does not press the appeal on merits but requests that appellant is not previous convict, therefore, he may kindly be released on probation.
4. Mr. Abdul Rashid, counsel appearing for the State has no objection if appellant is released on probation.
5. Prosecution examined five witnesses in support of the case. Complainant, Muhammad Yousuf, A.S.I. Found him under the influence of liquor and apprehended appellant. P.Ws. Iqbal Hussain and Rabnawaz, Constables were with A.S.I. Muhammad Yosuf. They all have supported.
6. Dr. Ghulam Abbas examined appellant and found him drunk. He took samples of Gastric Lavage, blood and urine and sent to Chemical Examiner and according to report Alcohol was detected from all articles.
7. Appellant denied the allegations and stated that he was not examined by doctor and case was filed due to enmity.
8. The witnesses have supported. The Chemical Examiner's report is in positive. There is evidence of Medical Officer and no enmity proved though alleged. The case has been proved. There is nothing on record that appellant is previous convict. He did not harm anybody nor there is allegation that he damaged property.
9, In view of this matter, the appellant to be given chance to reform himself. Therefore, appellant is released on probation for a period of one year on the following conditions:-- "He shall enter two bonds, in the sum of Rs.10,000 with two sureties each in the like amount with an undertaking not to commit any offence abstain from intoxicants and gambling, keep peace, be of good behaviour and appear before the Court and receive the sentence if called upon during the period. The bonds shall be submitted to the satisfaction of the trial Court, Kotadu, within a fortnight.
A copy of this order shall be sent to the trial Court, who shall inform this Court after 15th June, 1991, if the bonds have been filed or not:'
The appellant shall also appear before the Probation Officer, Kotadu once a month. The Probation Officer shall keep watch on him and submit a quarterly report to this Court. The appellant shall not change his present address.
The case to come up with the reports of the Probation Officer after one year.