1. ' SAIDUZZAMAN SIDDIQUI, J.---The petitioner has sought leave to appeal against the judgment of Federal Shariat Court dated 27-2-1994, whereby the learned Court while maintaining the conviction of petitioner under Article 4 of the Prohibition (Enforcement of Hadd) Order, 1979, reduced the sentence from 7 years to 2 years' R.I., fine from Rs,20,000 to Rs,5,000 and in default to suffer R.I. For 2 months and stripes from 15 to 5 with benefit of section 382-B, Cr. P . C .
2. In seeking leave to appeal, the learned counsel for the petitioner contended that the learned Federal Shariat Court while maintaining the conviction of petitioner under Article 4 ibid, completely overlooked that the heroin allegedly recovered from the petitioner on 6-3-1993 was sent to Chemical Examiner on 15-5-1993 i.e, after more than 2 months of the date of recovery. It is further contended that besides the fact no explanation was offered in the prosecution evidence for this inordinate delay, there was nothing in the evidence of prosecution to show that the heroin was kept during this period intact under safe custody.
3. The contention raised by the learned counsel needs further examination and we, accordingly grant leave to appeal. The bail granted to petitioner shall remain operative until hearing and decision of the appeal. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.