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  "title": "PROHIBITION (ENFORCEMENT OF HADD) ORDER, 1979",
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  "text": "THE PROHIBITION (ENFORCEMENT OF HADD) ORDER, \r\n1979 \r\nPRESIDENT’S ORDER NO. 4 of 1979 \r\nCONTENTS \r\n1. Short title, extent and commencement \r\n2. Definitions \r\n3. Prohibition of manufacture, etc, of intoxicants \r\n4. Owning or possessing intoxicant \r\n5. Article 3 or Article 4 not to apply to certain acts \r\n6. Drinking \r\n7. Two kinds of drinking \r\n8. drinking liable to hadd \r\n9. Proof of drinking liable to hadd \r\n10. Cases in which hadd shall not be enforced \r\n11. Whoever \r\n12. Arrest on suspicion of violation of Article 8 or Article 11 \r\n13. Punishment for vexatious delay \r\n14. Things liable to Confiscation \r\n15. Confiscation how ordered \r\n16. Cognizance of certain offences \r\n17. Licenses for 'Bona Fide' medicinal or other purposes \r\n18. Forms and conditions of licences \r\n19. Power to cancel or suspend licences \r\n20. Penalty for the breach of conditions of licence \r\n21. Appointment of officers \r\n22. Issue of search warrants \r\n23. Powers of Prohibition Officer \r\n24. Enhanced punishment for certain offences after previous conviction \r\n25. Punishment for attempt to commit offence punishable under this Order \r\n26. Application of certain provisions Of the Pakistan Penal Code (Act XLV of \r\n1860) \r\n27. Application of the Code of Criminal Procedure, 1898 (Act V of 1898) \r\n28. Indemnity \r\n29. Order to override other Laws \r\n30. Presiding Officer of Court to be a Muslim \r\n31. Power to make Rules \r\n32. Saving \r\n33. Repeal \r\n34. The Schedule \r\nTEXT \r\nTHE PROHIBITION (ENFORCEMENT OF HADD) ORDER, 1979 \r\nPRESIDENT’S ORDER NO. 4 of 1979 \r\n[9th February, 1979] \r\nWHEREAS it is necessary to modify the existing  law relating to prohibition of \r\nintoxicants so as to bring it in conformity with the injunctions of Islam as set out in the \r\nHoly Quran and Sunnah; \r\nNOW, THEREFORE, in pursuance of the Proclamation of the fifth day of July, \r\n1977, read with the Laws (Continuance in Force), Order, 1977 (C.M.L.A. Order No. 1 \r\nof 1977), and in exercise of all powers enabling him in that behalf, the President and \r\nChief Martial Law Administrator is pleased to make the following order: \r\nPRELIMINARY \r\n1. Short title, extent and commencement .–  (1) This Order may be called the \r\nProhibition (Enforcement of Hadd Order, 1979. \r\n(2) It extends to the whole of Pakistan. \r\n(3) It shall come into force on the twelfth day of Rab i-ul-Awwal, 1399 Hijri, \r\nthat is, the tenth day of February, 1979. \r\n2. Definitions.– In this Order, unless there is anything repugnant in the subject \r\nor context,– \r\n(a) “Adult” means a person who has attained the age of eighteen years or \r\npuberty. \r\n(b) “authorized medical officer” means a medical officer, however \r\ndesignated, authorized by the provincial Government; \r\n(c) “bottle” or “bottling: means to transfer intoxicating liquor from a cask or \r\nother vessel to a bottle, jar, flask, pot or similar receptacle for th e \r\npurpose of sale, whether any process of manufacture be employed or \r\nnot, and includes rebottling; \r\n(d) “buy” or “buying” includes any receipt by way of gift or otherwise \r\n(e) “Collector” means any person appointed under this Order to exercise or \r\nperform all or any of the powers of functions of a Collector under this \r\nOrder; \r\n(f) “hadd” means punishment ordained by the Holy Quran or Sunnah; \r\n(g)  “intoxicant” means an article specified in the Schedule and includes \r\nintoxicating liquor and other article or any sub stance which the \r\nProvincial Government may, by notification in the official Gazette, \r\ndeclare to be an intoxicant for the purposes of this Order; \r\n(h)  “intoxicating liquor”  includes toddy, spirits of wine , wine, beer and all \r\nliquids consisting of or containing alcohol normally used for purposes of \r\nintoxication, but does not include a solid intoxicant even if liquefied; \r\n(i)  “manufacture” includes every process, whether natural or artificial, by \r\nwhich any intoxicant is produced, prepared or blended, and also re-\r\ndistillation and every process for the rectification of intoxicating liquors; \r\n(j)  “Place” includes a house, shed, enclosure, building, shop, tent, vehicle, \r\nvessel and aircraft; \r\n(k)  “Prohibition Officer” means the Collector or any officer appointed or \r\ninvested with power under Article 21; \r\n(l)  “public place” means a street, road, thoroughfare, park, garden or other \r\nplace to which the public have free access and includes a hotel, \r\nrestaurant, motel, mess and club, but does not include the residential \r\nroom of a hotel in the occupation of some person; \r\n(m)  “Rectification” includes every process whereby intoxicating liquors are \r\npurified, colored or flavored by mixing any material therewith; \r\n(n)  “Sale” or “selling” includes any transfer by way of gift or otherwise; \r\n(o)  “tazir” means any punishment other than hadd; and  \r\n(P)  “Transport” means to move from one place to another.  \r\nPROHIBITION AND PENALTIES \r\n3.  Prohibition of manufacture , etc, of intoxicants .– \r\n1\r\n[(1)  Subject to the \r\nprovisions of clause (2) whoever \r\n(a)  Imports, exports, transports, manufactures or processes any intoxicant; \r\nor \r\n(b)  Bottles any intoxicant; or \r\n(c)  Sells or serves any intoxicant; or \r\n(d)  allows any of the acts aforesaid upon premises owned by him or in his \r\nimmediate possession; \r\nShall be punishable with imprisonment of either description for a term which \r\nmay extend to five years and with whipping not exceeding thirty stripes, and \r\nshall also be liable to fine.] \r\n2\r\n[(2) Whoever– \r\n(i)  imports, exports, transports, manufactures, or traffics i n, opium or coca \r\nleaf or opium or coca derivatives, or \r\n(ii)  Finances the import, export, transport, manufacture, or trafficking of, \r\nopium or coca leaf or opium or coca derivatives; \r\nShall be punishable with imprisonment for life or with imprisonment which is \r\nnot less than two years and with whipping not exceeding thirty stripes, and shall also \r\nbe liable to fine] \r\n                                                           \r\n1Inserted by Prohibition (Enforcement of Hadd) (Amendment) Order, 1983 (P.O. No. 12 of 1983) \r\n2Ibid. \r\n4. Owning or possessing intoxicant .– Whoever owns, possesses or keeps in \r\nhis custody any intoxicant shall be punished with imprisonment of either d escription \r\nfor a term which may extend to two years, or with whipping not exceeding thirty \r\nstripes, and shall also be liable to fine; \r\nProvided that nothing contained in this Article shall apply to a non -Muslim \r\nforeigner or to a non-Muslim citizen of Pakistan who keeps in his custody at or about \r\nthe time of a ceremony prescribed by his r eligion a reasonable quantity o f \r\nintoxicating liquor for the purpose of using it as a part of such ceremony: \r\n3\r\n[Provided further that, if the intoxicant in respect of which th e offence is \r\ncommitted is heroin, cocaine, raw opium or coca leaf, and the quantity exceeds ten \r\ngrams in the case of heroin or cocaine or one kilogram in the case of raw \r\n4\r\n[***] opium \r\nor coca leaf, the offender shall be punishable with imprisonment for life  or with \r\nimprisonment which is not less than two years and with whipping not exceeding thirty \r\nstripes, and shall also be liable to fine] \r\n5. Article 3 or Article 4 not to apply to certain acts .– Noting contained in \r\nArticle 3 or Article 4 shall apply to any act done under, and in accordance with, the \r\nprovisions of this Order, or the terms of any rule, notification, order or license issued \r\nthere under. \r\n6.  Drinking.– Whoever, intentionally and without ikrah iztirar, takes an intoxicant \r\nby any means whatsoever,  whether such taking causes intoxic ation or not, shall be \r\nguilty of  drinking. \r\nExplanation– in this Article,– \r\n(a)  “ikrah” means putting any person in fear of injury to person, property or \r\nhonor of that or any other persona; \r\n(b)  “iztirar” means a situation in which a person is in apprehension of death \r\ndue to extreme hunger or thirst or serious illness. \r\n7.  Two kinds of drinking .– Drinking may be either drink ing liable to hadd or \r\ndrinking libale to tazir. \r\n8.  drinking liable to hadd .– Whoever being an adult  Muslim takes intoxicating \r\nliquor by mouth is guilty of drinking liable to hadd and shall be punished with \r\nwhipping numbering eighty stripes: \r\nProvided that punishment shall not be executed unless it is confirmed by \r\nCourt to which an appeal from the order o f conviction lies; and, until the punishment \r\nis confirmed and executed, the convict shall, subject to the provisions of the Code of \r\nCriminal procedure, 1898, relating to the grant of  bail or suspension of sentence to \r\nbe dealt with in the same manner as if sentenced, to simple imprisonment. \r\n9.  Proof of drinking liable to hadd .– The proof of drinking liable to hadd shall \r\nbe in one of the following forms, namely:– \r\n                                                           \r\n3Ibid. \r\n4Ibid. \r\n(a)  the accused make s before a Court of competent jurisdiction a \r\nconfession of commission of drinking liable to hadd; and  \r\n(b)  at least two Muslim adult male witnesses, about whom the Court is \r\nsatisfied, having regard to the requirement of tazkiyah al -shuhood, that \r\nthey are truthful persons and abstain form major sins (kabair), give \r\nevidence of the  accused having committed the offence of drinking \r\nliable to hadd. \r\nExplanation.– In this Article, tazkiyah al -shuhood means the mode of inquiry \r\nadopted by a Court to satisfy itself as to the credibility of a witness. \r\n10. Cases in which hadd shall not be enf orced.– (1) Hadd shall not be \r\nenforced in the following cases, namely:– \r\n(a)  When drinking is proved only by the confession of the convict but he \r\nretracts his confession before the execution of hadd; and \r\n(b)  When drinking is proved by testimony, but befor e the execution of \r\nhadd, any witness resiles from his testimony so as to reduce the \r\nnumber of witnesses to less than two. \r\n(2) In a case mentioned in clause (1) the Court may order retrial in \r\naccordance with the Code of Criminal Procedure, 1898. \r\n11.  Whoever.– (a) Drinking liable to tazir, being a Muslim, is guilty of drinking \r\nwhich is not liable to hadd under Article 8 or for which proof in either of the forms \r\nmentioned in Article 9 is not available and the Court is satisfied that the offence \r\nstands proved by the evidence on the record; \r\n(b)  Being a non -Muslim citizen of Pakistan, is guilty of drinking, except as \r\na part of a ceremony prescribed by his religion; or \r\n(c)  Being a non -Muslim, who is not a citizen of Pakistan, is guilty of \r\ndrinking at a public place; \r\nShall be liable to tazir and shall be punished with imprisonment of either \r\ndescription for a term which may extend to three years or with whipping not \r\nexceeding thirty stripes, or with both. \r\n12.  Arrest on suspicion of violation of Article 8 or Articl e 11.– (1) No police \r\nofficer shall detain or arrest any person on suspicion that he has taken an intoxicant \r\nin violation of Article 8 or Article 11 unless he has asked such person to accompany \r\nhim to an authorized medical officer for examination and such p erson either refuses \r\nto so accompany him or, having been examined by the medical practitioner, is \r\ncertified by him to have taken an intoxicant. \r\n (2) Whoever contravenes the provisions of clause (1) shall be punishable \r\nwith imprisonment for a term which may extend to six months, or with fine which may \r\nextend to five hundred rupees, or with both. \r\n13.  Punishment for vexatious delay .– Any officer or person exercising powers \r\nunder this order who vexatiously and unnecessarily delays forwarding to a \r\nProhibition Officer any person arrested or any article seized under this Order shall be \r\npunishable with fine which may extend to one thousand rupees. \r\n14.  Things liable to Confiscation .– In any case in which an offence has been \r\ncommitted under this Order, the intoxican t, still, utensil, imple ment or apparatus in \r\nrespect or by means of which the offence has been committed shall be liable to \r\nconfiscation along with the receptacles, packages, coverings, animals, vessels, carts \r\nor other vehicles, used to hold or carry the same. \r\n15.  Confiscation how ordered .– (1) In any case involving anything liable to \r\nconfiscation under this Order, the Court deciding the case may order such \r\nconfiscation despite the acquittal of the person charged. \r\n(2) When an offence under this Order has b een committed but the \r\noffender is not known or cannot be found, or when anything liable to confiscation \r\nunder the Order and not in the possession of any person cannot be satisfactorily \r\naccounted for, the case shall be inquired into and determined by the Co llector or \r\nother Prohibition Officer in charge of the district or any other officer authorized by the \r\nprovincial Government in this behalf, who may order such confiscation: \r\nProvided that no such order shall be made until the expiration of fifteen days \r\nfrom the date of seiz ure of the things intended to be  confiscated or without hearing \r\nthe persons, if any, claiming any right thereto, and evidence, if any, which they \r\nproduce in support of their claims. \r\n16. Cognizance of certain offences .– (1) The following of fences shall be \r\ncognizable, namely:– \r\n(a)  An offence punishable under Article 3; and \r\n(b)  An offence punishable under Article 4, Article 8 or article 11, if \r\ncommitted at a public place. \r\n (2) No Court shall take cognizance of an offence punishable under– \r\n(a) Article 12 or Article 13, save on a complaint made by the person \r\nin respect of whom the offence has been committed; and  \r\n(b) Article 20, save on a complaint made by, or under the authority \r\nof, a Prohibition Officer. \r\nLICENCES FOR MEDICINAL OR SIMILAR OTHER PURPOSES \r\n17. Licenses for 'Bona Fide' medicinal or other purposes .– The Provincial \r\nGovernment or, subject to the control of the Provincial Government, the Collector, \r\nmay issue licences to any person in respect of any institution, whether under the \r\nmanagement of Government or not:– \r\n(a) for the manufacture, import, transport, sale or possession of any \r\nintoxicant or article containing intoxicating liquor on the ground that \r\nsuch intoxicant . or article is required by such person in respect of such \r\ninstitution for a bona fide medicinal, scientific, industrial  or similar other \r\npurpose or for consumption by a non -Muslim citizen of Pakistan as a  \r\npart of a religious ceremony or by a non-Muslim foreigner; or \r\n(b) for the export of any intoxicant or article containing intoxicating liquor. \r\n18.  Forms and conditions of licences .– Every licence issued under this Order \r\nshall:– \r\n(a) be granted on payment of such fee, if any, for such period and on such \r\ncondition; and \r\n(b) be in such form and contain such particulars, as the P rovincial \r\nGovernment may direct, either generally or in any particular case. \r\n19.  Power to cancel or suspend licences .– (1) The Collector may cancel or \r\nsuspend a licence: \r\n(a) if any fee payable by the holder thereof be not duly paid, or \r\n(b) in the event of any breach by the holder thereof or by his servant or by \r\nany one acting  with his express or implied permission on his behalf of \r\nany of the terms or conditions of the licence. \r\n(2) The Collector shall cancel a licence if– \r\n(a) the holder thereof is convicted of any offence under this Order; or \r\n(b) the purpose for which licence is granted ceases to exist. \r\n(3) As and when any licence is cancelled under clause (1) or clause (2), \r\nthe holder  thereof shall at once declare to the Collector the stock of intoxicating \r\nliquor or articles  containing such liquor lying with him, and dispose of such stock to \r\nsuch authorized person as the Collector may specify. \r\n20. Penalty for the breach of conditions of licence .– In the event of any \r\nbreach by the  holder of a licence or by hi s servant or by any one acting with his \r\nexpress or implied permission on his behalf, of any of the terms and conditions of the \r\nlicence, such holder shall, in addition to the cancellation or suspension of the licence, \r\nand in addition to any  other punishment to which he may be liable under this Order, \r\nbe punishable with imprisonment i[for life or with imprisonment which is not less than \r\ntwo years] and with  fine, unless he proves that he exercised all due diligence to \r\nprevent such \r\nESTABLISHMENT AMD CONTROL \r\n21.  Appointment of officers .– The Provincial Government may, from time to \r\ntime, by notification in the official Gazette: \r\n(a) appoint an officer to exercise all  the powers of Collector under this \r\nOrder in any area specified in the notification and to have the  control of \r\nthe administration of the provisions of this Order in such area; \r\n(b) appoint officers with such designations, powers and duties as the \r\nProvincial Government may think fit to assist the Collector or other \r\nProhibition Officer; and \r\n(c) delegate to  any Prohibition Officer all or any of its powers under this \r\nOrder. \r\nPOWERS, DUTIES AND PROCEDURE OF OFFICERS, ETC. \r\n22. Issue of search warrants .– (1) If any Collector, Prohibition Officer or \r\nMagistrate, upon information obtained and after such inquiry as h e thinks necessary, \r\nhas reason to believe that an offence under Article 3, Article 4, Article 8 or Article 11 \r\nhas been  committed, he may issue a warrant for the search for any intoxicant, \r\nmaterial, still, utensil, implement or apparatus in respect of which  the alleged offence \r\nhas been committed. \r\n(2) Any person has been entrusted with the execution of such a warrant \r\nmay detain and search and, if he thinks proper, but subject to the provision of clause \r\n(1) of Article 12,  arrest any person found in the place s earched, if he has reason to \r\nbelieve such person to  be guilty of an  offence under Article 3, Article 4, Article 8 or \r\nArticle 11. \r\n23. Powers of Prohibition Officer .– In addition to the powers conferred on him \r\nby the  foregoing provisions of this Order, a Pro hibition Officer shall have all the \r\npowers conferred on the  officer-in-charge of a police station while conducting an \r\ninvestigation into a cognizable offence. \r\n24. Enhanced punishment for certain offences after previous conviction .– \r\nWhoever, having been con victed by a Court of an offence shall, in addition to the \r\npunishment provided for that offence, awarded for every such subsequent offence \r\nthe punishment of imprisonment provided for that offence. \r\n25. Punishment for attempt to commit offence punishable unde r this \r\nOrder.– Whoever attempts to commit an offence punishable under this Order or to \r\ncause such an  offence to be committed, and in such attempt does any act towards \r\nthe commission of the  offence, shall be punished, in the Case of an offence \r\npunishable under Article 8, with  rigorous imprisonment for a term which may extend \r\nto two years, and in other cases,  with imprisonment for a term which may extend to \r\none-half of the longest term provided  for that offence, or with such whipping or fine \r\nas is provided for the offence or with any two of or all, the punishments. \r\n26. Application of certain provisions Of the Pakistan Penal Code (Act XLV of \r\n1860).– (1) Unless otherwise expressly provided in this Order, the provisions of \r\nSections 34 to 38 of Chapter II, Sections 63 to 72 of Chapter III, and Chapters V and \r\nV-A of the Pakistan Penal Code (Act XLV of 1860), shall apply, mutatis mutandis, in \r\nrespect of offences under this Order. \r\n(2) Whoever is guilty of the abetment of an offence liable to 'Hadd' under \r\nthis Order shall be liable to the punishment provided for such offence as 'Tazir' \r\n27. Application of the Code of Criminal Procedure, 1898 (Act V of 1898) .– \r\nUnless otherwise expressly provided in this Order, the provisions of the Code of \r\nCriminal Procedure, 1898 (Act V of 1898), hereinafter referred to as the said Code, \r\nshall apply mutatis mutandis in respect of cases under this Order: \r\nProvided that, if it appears in evidence that the offender has committed a \r\ndifferent offence under any other law, he may, if the Court is  competent to try that \r\noffence and to  award punishment therefore, be convicted and punished for that \r\noffence: \r\nProvided further that an offence punishable under Article 8 shall be tria l able \r\nby a Court of  Session and not by a Magistrate authoriz ed under Sec tion 30 of the \r\nsaid Code and on appeal from an order under that Article or from an order under any \r\nother provision of  this Order which imposes a sentence of imprisonment for a term \r\nexceeding two years shall lie to the Federal Shariat Court: \r\nProvided furthe r that a trial by a Court of Session under this Order shall \r\nordinarily be held at the headquarters of the Tehsil in which the offence is alleged to \r\nhave been committed. \r\n(2) The provisions of the said Code relating to the confirmation of the \r\nsentence of dea th shall apply, mutates mutandis to the confirmation of a sentence \r\nunder this Order. \r\n(3) The provisions of sub -section (3) of Section 391 or Section 393 of the \r\nsaid Code shall  not apply in respect of the punishment of whipping awarded under \r\nthis Order. \r\n(4) The provisions of Chapter XXIX of the said Code shall not apply in respect \r\nof the punishment awarded under Article 8. \r\n28. Indemnity.– No suit, prosecution or other legal proceeding shall lie against a  \r\nProvincial Government, a Police Officer, a Prohibition  Officer or any other officer in  \r\nrespect of anything which is in good faith done under this Order or the rules made \r\nthere under. \r\n29. Order to override other Laws.– This Order shall have effect notwithstanding  \r\nanything contained in any other law for the time being in force. \r\n30. Presiding Officer of Court to be a Muslim .– This Presiding Officer of the \r\nCourt by  which a case is tried or an appeal is heard, under this Order shall be a \r\nMuslim: Provided that if the accused is a non-Muslim, the Presiding Officer may be a \r\nnon-Muslim. \r\n31. Power to make Rules .– (1) The Provincial Government may, by notification \r\nin the  official Gazette, make rules for the purpose of carrying into effect the \r\nprovisions of this Order. \r\n(2) In particular and without prejudice to the general ity of the foregoing \r\nprovisions, the Provincial Government may make rules:– \r\n(a) for the issue of licences and the enforcement of the condition thereof; \r\n(b) prescribing the powers to be exercised and the duties to be performed \r\nby Prohibition Officers in furtherance of the object of this Order; \r\n(c) determining the local jurisdiction of Prohibition Officers in regard to \r\ninquiries and investigations; \r\n(d) authorizing any officer to exercise any power or perform any duty under \r\nthis Order; \r\n(e) regulating the deleg ation by the Collector or other Prohibition Officers \r\nof any powers conferred on them by or under this Order; \r\n(f ) declaring in what cases or classes of cases and to what authorities \r\nappeals shall lie  from orders, whether original or appellate, passed by \r\nan authority other than a Court  under this Order or under any rules \r\nmade there under or by what authorities such order  may be revised, \r\nand prescribing the time and manner of presenting appeals and  \r\nprocedure for dealing therewith; \r\n(g) for the disposal of articles confiscated and of the proceeds thereof; and \r\n(h) examination of persons referred to in Article 12. \r\n32. Saving.– Nothing in this Order shall be deemed to apply to cases pending \r\nbefore any Court immediately before the commencement of this Order or to of fences \r\ncommitted before such commencement. \r\n33. Repeal.– The following laws are hereby repealed, namely:– \r\n(a) the Prohibition Act, 1977 (XXIV of 1977); \r\n(b) the Baluchistan Prohibition Ordinance, 1978 (Baluchistan Ordinance \r\nNo. XI of 1978); \r\n(c) the North -West Frontier Province Prohibition Ordinance, 1978 (N. -\r\nW.F.P. Ordinance No. VI of 1978); \r\n(d) the Punjab Prohibition Ordinance, 1978 (Punjab Ordinance No. VI of \r\n1978); and \r\n(e) the Sind Prohibition Ordinance, 1978 (Sind Ordinance No. IV of 1978). \r\nTHE SCHEDULE \r\n1. The leaves, small stalks and flowering or fruiting tops of the Indian hemp plant  \r\n(Cannabis Sativa L.) including all forms known as Bhang, Siddhi or Ganga. \r\n2. Charas, that is, the resin obtained from the Indian hemp plant, which has not \r\nbeen submitted to any m anipulations other than those necessary for packing \r\nor transport. \r\n3. Any mixture, with or without natural materials, of any of the articles mentioned \r\nin entries 1 and 2, or any drink prepared there from. \r\n4. Opium and opium derivatives as defined in the Dangerous  Drugs Act, 1930 (II \r\nof 1930). \r\n5. Coca leaf and coca derivatives as defined in the aforesaid Act. \r\n6. Hashish.",
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