' A.S.I. Nosher Ali of Police Station Ludden, District Vehari had recovered 140 bottles of liquor on 3-4- 1992 from Car No,PK-888 which was being driven by appellant Manzoor Ahmad and another person appellant Muhammad Hussain alias Budha was sitting on the front seat. Both the aforesaid Manzoor Ahmad and Muhammad Hussain were sent up for trial before Mr. Aman Ullah Khan, Magistrate 1st Class who charged them under Article 3 of the Prohibition (Enforcement of Hadd)
Order, 1979 to which they pleaded not guilty and claimed trial.
2. After the conclusion of the trial the learned Magistrate convicted both the appellants under Article 3 of the Prohibition Order and sentenced each of them to undergo rigorous imprisonment for 3 years, to pay a fine of Rs,15,000 or in default to further undergo simple imprisonment for 6 months each and to suffer 30 stripes each. Convict Manzoor Ahmad has challenged his conviction and sentence by Criminal Appeal No,11/L of 1993 in hand whereas convict Muhammad Hussain has challenged his conviction and sentence by Criminal Appeal No,30/L of 1993. Since both the appellants were convicted and sentenced by one judgment, both the appeals are also being disposed of by a single judgment in Criminal Appeal No,11/L of 1993.
3. The case of the prosecution was that 140 bottles of liquor were recovered from the car which was being driven by appellant Manzoor Ahmad and its front seat was occupied by appellant Muhammad Hussain. However, the Investigating Officer sent only one bottle for chemical analysis and the liquor therein was found to contain 18.5% alcohol. The Investigating Officer did not separate some quantity of liquor from each bottle for chemical analysis A but he sent only one full bottle for the said purpose. This will show that there was expert opinion about only one bottle of liquor.
4. Since both the appellants were found sitting in the car from which the said liquor was recovered, they were obviously guilty of transporting liquor. However, since chemical opinion was with regard to only one bottle, appellants deserve some leniency in the sentence.
5. The conviction of the appellants under Article 3 of the Prohibition Order is maintained but the sentence of imprisonment is reduced to the period already undergone. However, each of the appellants shall pay a fine of Rs,2,000 or in default shall undergo simple imprisonment for one month and each of the appellants shall also suffer 2 stripes. Both the appellants shall be released after serving out the sentence as reduced above, if not required in any other case.
Sentence reduced.