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Section: Islamic Hudood Laws 1979

Question About: Cognilable Offences Under Order 1979

Which offences are cognizable under the Prohibition (Enforcement of Hadd) Order, 1979? How anything involved in this Order can be confiscated?

Answer

Cognizance of certain offences:

1 The following of fences shall he 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.

Things liable to confiscation:

In any case in which an offence has been committed under this order, the intoxicant still utensil, implement or apparatus in respect or by means of which the offence has been committed shall he liable to confiscation along with the receptacles, packages, coverings, animals, vessels, carts or other vehicles used to hold or carry the same.

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. Wien an offence under this Order has been committed but the offender is not known or cannot be found, or when anything liable to confiscation under this Order and not in the possession of any person cannot he satisfactorily accounted for, the case shall be inquired into and determined by the Collector 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 seizure of the things intended to be confiscate or without hearing the persons, if any, claiming any right thereto, and evidence, if any, which they produce in support of their claims.
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