PROHIBITION (ENFORCEMENT OF HADD) ORDER, 1979

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THE PROHIBITION (ENFORCEMENT OF HADD) ORDER, 
1979 
PRESIDENT’S ORDER NO. 4 of 1979 
CONTENTS 
1. Short title, extent and commencement 
2. Definitions 
3. Prohibition of manufacture, etc, of intoxicants 
4. Owning or possessing intoxicant 
5. Article 3 or Article 4 not to apply to certain acts 
6. Drinking 
7. Two kinds of drinking 
8. drinking liable to hadd 
9. Proof of drinking liable to hadd 
10. Cases in which hadd shall not be enforced 
11. Whoever 
12. Arrest on suspicion of violation of Article 8 or Article 11 
13. Punishment for vexatious delay 
14. Things liable to Confiscation 
15. Confiscation how ordered 
16. Cognizance of certain offences 
17. Licenses for 'Bona Fide' medicinal or other purposes 
18. Forms and conditions of licences 
19. Power to cancel or suspend licences 
20. Penalty for the breach of conditions of licence 
21. Appointment of officers 
22. Issue of search warrants 
23. Powers of Prohibition Officer 
24. Enhanced punishment for certain offences after previous conviction 
25. Punishment for attempt to commit offence punishable under this Order 
26. Application of certain provisions Of the Pakistan Penal Code (Act XLV of 
1860) 
27. Application of the Code of Criminal Procedure, 1898 (Act V of 1898) 
28. Indemnity 
29. Order to override other Laws 
30. Presiding Officer of Court to be a Muslim 
31. Power to make Rules 
32. Saving 
33. Repeal 
34. The Schedule 
TEXT 
THE PROHIBITION (ENFORCEMENT OF HADD) ORDER, 1979 
PRESIDENT’S ORDER NO. 4 of 1979 
[9th February, 1979] 
WHEREAS it is necessary to modify the existing  law relating to prohibition of 
intoxicants so as to bring it in conformity with the injunctions of Islam as set out in the 
Holy Quran and Sunnah; 
NOW, THEREFORE, in pursuance of the Proclamation of the fifth day of July, 
1977, read with the Laws (Continuance in Force), Order, 1977 (C.M.L.A. Order No. 1 
of 1977), and in exercise of all powers enabling him in that behalf, the President and 
Chief Martial Law Administrator is pleased to make the following order: 
PRELIMINARY 
1. Short title, extent and commencement .–  (1) This Order may be called the 
Prohibition (Enforcement of Hadd Order, 1979. 
(2) It extends to the whole of Pakistan. 
(3) It shall come into force on the twelfth day of Rab i-ul-Awwal, 1399 Hijri, 
that is, the tenth day of February, 1979. 
2. Definitions.– In this Order, unless there is anything repugnant in the subject 
or context,– 
(a) “Adult” means a person who has attained the age of eighteen years or 
puberty. 
(b) “authorized medical officer” means a medical officer, however 
designated, authorized by the provincial Government; 
(c) “bottle” or “bottling: means to transfer intoxicating liquor from a cask or 
other vessel to a bottle, jar, flask, pot or similar receptacle for th e 
purpose of sale, whether any process of manufacture be employed or 
not, and includes rebottling; 
(d) “buy” or “buying” includes any receipt by way of gift or otherwise 
(e) “Collector” means any person appointed under this Order to exercise or 
perform all or any of the powers of functions of a Collector under this 
Order; 
(f) “hadd” means punishment ordained by the Holy Quran or Sunnah; 
(g)  “intoxicant” means an article specified in the Schedule and includes 
intoxicating liquor and other article or any sub stance which the 
Provincial Government may, by notification in the official Gazette, 
declare to be an intoxicant for the purposes of this Order; 
(h)  “intoxicating liquor”  includes toddy, spirits of wine , wine, beer and all 
liquids consisting of or containing alcohol normally used for purposes of 
intoxication, but does not include a solid intoxicant even if liquefied; 
(i)  “manufacture” includes every process, whether natural or artificial, by 
which any intoxicant is produced, prepared or blended, and also re-
distillation and every process for the rectification of intoxicating liquors; 
(j)  “Place” includes a house, shed, enclosure, building, shop, tent, vehicle, 
vessel and aircraft; 
(k)  “Prohibition Officer” means the Collector or any officer appointed or 
invested with power under Article 21; 
(l)  “public place” means a street, road, thoroughfare, park, garden or other 
place to which the public have free access and includes a hotel, 
restaurant, motel, mess and club, but does not include the residential 
room of a hotel in the occupation of some person; 
(m)  “Rectification” includes every process whereby intoxicating liquors are 
purified, colored or flavored by mixing any material therewith; 
(n)  “Sale” or “selling” includes any transfer by way of gift or otherwise; 
(o)  “tazir” means any punishment other than hadd; and  
(P)  “Transport” means to move from one place to another.  
PROHIBITION AND PENALTIES 
3.  Prohibition of manufacture , etc, of intoxicants .– 
1
[(1)  Subject to the 
provisions of clause (2) whoever 
(a)  Imports, exports, transports, manufactures or processes any intoxicant; 
or 
(b)  Bottles any intoxicant; or 
(c)  Sells or serves any intoxicant; or 
(d)  allows any of the acts aforesaid upon premises owned by him or in his 
immediate possession; 
Shall be punishable with imprisonment of either description for a term which 
may extend to five years and with whipping not exceeding thirty stripes, and 
shall also be liable to fine.] 
2
[(2) Whoever– 
(i)  imports, exports, transports, manufactures, or traffics i n, opium or coca 
leaf or opium or coca derivatives, or 
(ii)  Finances the import, export, transport, manufacture, or trafficking of, 
opium or coca leaf or opium or coca derivatives; 
Shall be punishable with imprisonment for life or with imprisonment which is 
not less than two years and with whipping not exceeding thirty stripes, and shall also 
be liable to fine] 
                                                           
1Inserted by Prohibition (Enforcement of Hadd) (Amendment) Order, 1983 (P.O. No. 12 of 1983) 
2Ibid. 
4. Owning or possessing intoxicant .– Whoever owns, possesses or keeps in 
his custody any intoxicant shall be punished with imprisonment of either d escription 
for a term which may extend to two years, or with whipping not exceeding thirty 
stripes, and shall also be liable to fine; 
Provided that nothing contained in this Article shall apply to a non -Muslim 
foreigner or to a non-Muslim citizen of Pakistan who keeps in his custody at or about 
the time of a ceremony prescribed by his r eligion a reasonable quantity o f 
intoxicating liquor for the purpose of using it as a part of such ceremony: 
3
[Provided further that, if the intoxicant in respect of which th e offence is 
committed is heroin, cocaine, raw opium or coca leaf, and the quantity exceeds ten 
grams in the case of heroin or cocaine or one kilogram in the case of raw 
4
[***] opium 
or coca leaf, the offender shall be punishable with imprisonment for life  or with 
imprisonment which is not less than two years and with whipping not exceeding thirty 
stripes, and shall also be liable to fine] 
5. Article 3 or Article 4 not to apply to certain acts .– Noting contained in 
Article 3 or Article 4 shall apply to any act done under, and in accordance with, the 
provisions of this Order, or the terms of any rule, notification, order or license issued 
there under. 
6.  Drinking.– Whoever, intentionally and without ikrah iztirar, takes an intoxicant 
by any means whatsoever,  whether such taking causes intoxic ation or not, shall be 
guilty of  drinking. 
Explanation– in this Article,– 
(a)  “ikrah” means putting any person in fear of injury to person, property or 
honor of that or any other persona; 
(b)  “iztirar” means a situation in which a person is in apprehension of death 
due to extreme hunger or thirst or serious illness. 
7.  Two kinds of drinking .– Drinking may be either drink ing liable to hadd or 
drinking libale to tazir. 
8.  drinking liable to hadd .– Whoever being an adult  Muslim takes intoxicating 
liquor by mouth is guilty of drinking liable to hadd and shall be punished with 
whipping numbering eighty stripes: 
Provided that punishment shall not be executed unless it is confirmed by 
Court to which an appeal from the order o f conviction lies; and, until the punishment 
is confirmed and executed, the convict shall, subject to the provisions of the Code of 
Criminal procedure, 1898, relating to the grant of  bail or suspension of sentence to 
be dealt with in the same manner as if sentenced, to simple imprisonment. 
9.  Proof of drinking liable to hadd .– The proof of drinking liable to hadd shall 
be in one of the following forms, namely:– 
                                                           
3Ibid. 
4Ibid. 
(a)  the accused make s before a Court of competent jurisdiction a 
confession of commission of drinking liable to hadd; and  
(b)  at least two Muslim adult male witnesses, about whom the Court is 
satisfied, having regard to the requirement of tazkiyah al -shuhood, that 
they are truthful persons and abstain form major sins (kabair), give 
evidence of the  accused having committed the offence of drinking 
liable to hadd. 
Explanation.– In this Article, tazkiyah al -shuhood means the mode of inquiry 
adopted by a Court to satisfy itself as to the credibility of a witness. 
10. Cases in which hadd shall not be enf orced.– (1) Hadd shall not be 
enforced in the following cases, namely:– 
(a)  When drinking is proved only by the confession of the convict but he 
retracts his confession before the execution of hadd; and 
(b)  When drinking is proved by testimony, but befor e the execution of 
hadd, any witness resiles from his testimony so as to reduce the 
number of witnesses to less than two. 
(2) In a case mentioned in clause (1) the Court may order retrial in 
accordance with the Code of Criminal Procedure, 1898. 
11.  Whoever.– (a) Drinking liable to tazir, being a Muslim, is guilty of drinking 
which is not liable to hadd under Article 8 or for which proof in either of the forms 
mentioned in Article 9 is not available and the Court is satisfied that the offence 
stands proved by the evidence on the record; 
(b)  Being a non -Muslim citizen of Pakistan, is guilty of drinking, except as 
a part of a ceremony prescribed by his religion; or 
(c)  Being a non -Muslim, who is not a citizen of Pakistan, is guilty of 
drinking at a public place; 
Shall be liable to tazir and shall be punished with imprisonment of either 
description for a term which may extend to three years or with whipping not 
exceeding thirty stripes, or with both. 
12.  Arrest on suspicion of violation of Article 8 or Articl e 11.– (1) No police 
officer shall detain or arrest any person on suspicion that he has taken an intoxicant 
in violation of Article 8 or Article 11 unless he has asked such person to accompany 
him to an authorized medical officer for examination and such p erson either refuses 
to so accompany him or, having been examined by the medical practitioner, is 
certified by him to have taken an intoxicant. 
 (2) Whoever contravenes the provisions of clause (1) shall be punishable 
with imprisonment for a term which may extend to six months, or with fine which may 
extend to five hundred rupees, or with both. 
13.  Punishment for vexatious delay .– Any officer or person exercising powers 
under this order who vexatiously and unnecessarily delays forwarding to a 
Prohibition Officer any person arrested or any article seized under this Order shall be 
punishable with fine which may extend to one thousand rupees. 
14.  Things liable to Confiscation .– In any case in which an offence has been 
committed under this Order, the intoxican t, still, utensil, imple ment or apparatus in 
respect or by means of which the offence has been committed shall be liable to 
confiscation along with the receptacles, packages, coverings, animals, vessels, carts 
or other vehicles, used to hold or carry the same. 
15.  Confiscation how ordered .– (1) In any case involving anything liable to 
confiscation under this Order, the Court deciding the case may order such 
confiscation despite the acquittal of the person charged. 
(2) When an offence under this Order has b een committed but the 
offender is not known or cannot be found, or when anything liable to confiscation 
under the Order and not in the possession of any person cannot be satisfactorily 
accounted for, the case shall be inquired into and determined by the Co llector or 
other Prohibition Officer in charge of the district or any other officer authorized by the 
provincial Government in this behalf, who may order such confiscation: 
Provided that no such order shall be made until the expiration of fifteen days 
from the date of seiz ure of the things intended to be  confiscated or without hearing 
the persons, if any, claiming any right thereto, and evidence, if any, which they 
produce in support of their claims. 
16. Cognizance of certain offences .– (1) The following of fences shall be 
cognizable, namely:– 
(a)  An offence punishable under Article 3; and 
(b)  An offence punishable under Article 4, Article 8 or article 11, if 
committed at a public place. 
 (2) No Court shall take cognizance of an offence punishable under– 
(a) Article 12 or Article 13, save on a complaint made by the person 
in respect of whom the offence has been committed; and  
(b) Article 20, save on a complaint made by, or under the authority 
of, a Prohibition Officer. 
LICENCES FOR MEDICINAL OR SIMILAR OTHER PURPOSES 
17. Licenses for 'Bona Fide' medicinal or other purposes .– The Provincial 
Government or, subject to the control of the Provincial Government, the Collector, 
may issue licences to any person in respect of any institution, whether under the 
management of Government or not:– 
(a) for the manufacture, import, transport, sale or possession of any 
intoxicant or article containing intoxicating liquor on the ground that 
such intoxicant . or article is required by such person in respect of such 
institution for a bona fide medicinal, scientific, industrial  or similar other 
purpose or for consumption by a non -Muslim citizen of Pakistan as a  
part of a religious ceremony or by a non-Muslim foreigner; or 
(b) for the export of any intoxicant or article containing intoxicating liquor. 
18.  Forms and conditions of licences .– Every licence issued under this Order 
shall:– 
(a) be granted on payment of such fee, if any, for such period and on such 
condition; and 
(b) be in such form and contain such particulars, as the P rovincial 
Government may direct, either generally or in any particular case. 
19.  Power to cancel or suspend licences .– (1) The Collector may cancel or 
suspend a licence: 
(a) if any fee payable by the holder thereof be not duly paid, or 
(b) in the event of any breach by the holder thereof or by his servant or by 
any one acting  with his express or implied permission on his behalf of 
any of the terms or conditions of the licence. 
(2) The Collector shall cancel a licence if– 
(a) the holder thereof is convicted of any offence under this Order; or 
(b) the purpose for which licence is granted ceases to exist. 
(3) As and when any licence is cancelled under clause (1) or clause (2), 
the holder  thereof shall at once declare to the Collector the stock of intoxicating 
liquor or articles  containing such liquor lying with him, and dispose of such stock to 
such authorized person as the Collector may specify. 
20. Penalty for the breach of conditions of licence .– In the event of any 
breach by the  holder of a licence or by hi s servant or by any one acting with his 
express or implied permission on his behalf, of any of the terms and conditions of the 
licence, such holder shall, in addition to the cancellation or suspension of the licence, 
and in addition to any  other punishment to which he may be liable under this Order, 
be punishable with imprisonment i[for life or with imprisonment which is not less than 
two years] and with  fine, unless he proves that he exercised all due diligence to 
prevent such 
ESTABLISHMENT AMD CONTROL 
21.  Appointment of officers .– The Provincial Government may, from time to 
time, by notification in the official Gazette: 
(a) appoint an officer to exercise all  the powers of Collector under this 
Order in any area specified in the notification and to have the  control of 
the administration of the provisions of this Order in such area; 
(b) appoint officers with such designations, powers and duties as the 
Provincial Government may think fit to assist the Collector or other 
Prohibition Officer; and 
(c) delegate to  any Prohibition Officer all or any of its powers under this 
Order. 
POWERS, DUTIES AND PROCEDURE OF OFFICERS, ETC. 
22. Issue of search warrants .– (1) If any Collector, Prohibition Officer or 
Magistrate, upon information obtained and after such inquiry as h e thinks necessary, 
has reason to believe that an offence under Article 3, Article 4, Article 8 or Article 11 
has been  committed, he may issue a warrant for the search for any intoxicant, 
material, still, utensil, implement or apparatus in respect of which  the alleged offence 
has been committed. 
(2) Any person has been entrusted with the execution of such a warrant 
may detain and search and, if he thinks proper, but subject to the provision of clause 
(1) of Article 12,  arrest any person found in the place s earched, if he has reason to 
believe such person to  be guilty of an  offence under Article 3, Article 4, Article 8 or 
Article 11. 
23. Powers of Prohibition Officer .– In addition to the powers conferred on him 
by the  foregoing provisions of this Order, a Pro hibition Officer shall have all the 
powers conferred on the  officer-in-charge of a police station while conducting an 
investigation into a cognizable offence. 
24. Enhanced punishment for certain offences after previous conviction .– 
Whoever, having been con victed by a Court of an offence shall, in addition to the 
punishment provided for that offence, awarded for every such subsequent offence 
the punishment of imprisonment provided for that offence. 
25. Punishment for attempt to commit offence punishable unde r this 
Order.– Whoever attempts to commit an offence punishable under this Order or to 
cause such an  offence to be committed, and in such attempt does any act towards 
the commission of the  offence, shall be punished, in the Case of an offence 
punishable under Article 8, with  rigorous imprisonment for a term which may extend 
to two years, and in other cases,  with imprisonment for a term which may extend to 
one-half of the longest term provided  for that offence, or with such whipping or fine 
as is provided for the offence or with any two of or all, the punishments. 
26. Application of certain provisions Of the Pakistan Penal Code (Act XLV of 
1860).– (1) Unless otherwise expressly provided in this Order, the provisions of 
Sections 34 to 38 of Chapter II, Sections 63 to 72 of Chapter III, and Chapters V and 
V-A of the Pakistan Penal Code (Act XLV of 1860), shall apply, mutatis mutandis, in 
respect of offences under this Order. 
(2) Whoever is guilty of the abetment of an offence liable to 'Hadd' under 
this Order shall be liable to the punishment provided for such offence as 'Tazir' 
27. Application of the Code of Criminal Procedure, 1898 (Act V of 1898) .– 
Unless otherwise expressly provided in this Order, the provisions of the Code of 
Criminal Procedure, 1898 (Act V of 1898), hereinafter referred to as the said Code, 
shall apply mutatis mutandis in respect of cases under this Order: 
Provided that, if it appears in evidence that the offender has committed a 
different offence under any other law, he may, if the Court is  competent to try that 
offence and to  award punishment therefore, be convicted and punished for that 
offence: 
Provided further that an offence punishable under Article 8 shall be tria l able 
by a Court of  Session and not by a Magistrate authoriz ed under Sec tion 30 of the 
said Code and on appeal from an order under that Article or from an order under any 
other provision of  this Order which imposes a sentence of imprisonment for a term 
exceeding two years shall lie to the Federal Shariat Court: 
Provided furthe r that a trial by a Court of Session under this Order shall 
ordinarily be held at the headquarters of the Tehsil in which the offence is alleged to 
have been committed. 
(2) The provisions of the said Code relating to the confirmation of the 
sentence of dea th shall apply, mutates mutandis to the confirmation of a sentence 
under this Order. 
(3) The provisions of sub -section (3) of Section 391 or Section 393 of the 
said Code shall  not apply in respect of the punishment of whipping awarded under 
this Order. 
(4) The provisions of Chapter XXIX of the said Code shall not apply in respect 
of the punishment awarded under Article 8. 
28. Indemnity.– No suit, prosecution or other legal proceeding shall lie against a  
Provincial Government, a Police Officer, a Prohibition  Officer or any other officer in  
respect of anything which is in good faith done under this Order or the rules made 
there under. 
29. Order to override other Laws.– This Order shall have effect notwithstanding  
anything contained in any other law for the time being in force. 
30. Presiding Officer of Court to be a Muslim .– This Presiding Officer of the 
Court by  which a case is tried or an appeal is heard, under this Order shall be a 
Muslim: Provided that if the accused is a non-Muslim, the Presiding Officer may be a 
non-Muslim. 
31. Power to make Rules .– (1) The Provincial Government may, by notification 
in the  official Gazette, make rules for the purpose of carrying into effect the 
provisions of this Order. 
(2) In particular and without prejudice to the general ity of the foregoing 
provisions, the Provincial Government may make rules:– 
(a) for the issue of licences and the enforcement of the condition thereof; 
(b) prescribing the powers to be exercised and the duties to be performed 
by Prohibition Officers in furtherance of the object of this Order; 
(c) determining the local jurisdiction of Prohibition Officers in regard to 
inquiries and investigations; 
(d) authorizing any officer to exercise any power or perform any duty under 
this Order; 
(e) regulating the deleg ation by the Collector or other Prohibition Officers 
of any powers conferred on them by or under this Order; 
(f ) declaring in what cases or classes of cases and to what authorities 
appeals shall lie  from orders, whether original or appellate, passed by 
an authority other than a Court  under this Order or under any rules 
made there under or by what authorities such order  may be revised, 
and prescribing the time and manner of presenting appeals and  
procedure for dealing therewith; 
(g) for the disposal of articles confiscated and of the proceeds thereof; and 
(h) examination of persons referred to in Article 12. 
32. Saving.– Nothing in this Order shall be deemed to apply to cases pending 
before any Court immediately before the commencement of this Order or to of fences 
committed before such commencement. 
33. Repeal.– The following laws are hereby repealed, namely:– 
(a) the Prohibition Act, 1977 (XXIV of 1977); 
(b) the Baluchistan Prohibition Ordinance, 1978 (Baluchistan Ordinance 
No. XI of 1978); 
(c) the North -West Frontier Province Prohibition Ordinance, 1978 (N. -
W.F.P. Ordinance No. VI of 1978); 
(d) the Punjab Prohibition Ordinance, 1978 (Punjab Ordinance No. VI of 
1978); and 
(e) the Sind Prohibition Ordinance, 1978 (Sind Ordinance No. IV of 1978). 
THE SCHEDULE 
1. The leaves, small stalks and flowering or fruiting tops of the Indian hemp plant  
(Cannabis Sativa L.) including all forms known as Bhang, Siddhi or Ganga. 
2. Charas, that is, the resin obtained from the Indian hemp plant, which has not 
been submitted to any m anipulations other than those necessary for packing 
or transport. 
3. Any mixture, with or without natural materials, of any of the articles mentioned 
in entries 1 and 2, or any drink prepared there from. 
4. Opium and opium derivatives as defined in the Dangerous  Drugs Act, 1930 (II 
of 1930). 
5. Coca leaf and coca derivatives as defined in the aforesaid Act. 
6. Hashish.