Answer
According to Article 2 of the Prohibition Ordinance:
“Adult”
means a person who has attained the age of eighteen years of puberty;
Explanation: According to Black’s Law Dictionary “adult” means one who had attained the legal age of majority; generally 18 years one Civil Law a male who had attained the age of 14 a female who had attained the age of 12. One who is grown up, matured. A person who has attained the full age of majority. A person who, in opinion of the Court, before whom he is brought, is of the age of majority.
Legal age: The age at which the person acquires full capacity know contracts and deeds and transact business generally (age of majority) or to enter into some particular contract or relation as the “Legal-age of consent” to marriage of consent” to marriage. The age at which a person may enter into binding contracts or commit other legal acts. In most state a minor reached legal age or majority (i.e., becomes of age) at uh the certain acts (e.g.. drinking) it may be higher for others (e.g.driving) it may be lower.
of 14 in men and 12 in women when they are held fit and capable of contracting marriage. (Wharton Law Lexicon).
(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 the purpose of sale, whet any process of manufacture be employed ,or not, and includes rebottling;
(d) “buy” or “buying”
includes any receipt by way of or otherwise;
Explanation: “Buy”, means to acquire the ownership giving an accepted price or consideration therefor; or by agreeing do so to acquire by payment of a price or value; to purchase; obtain something for a price usually money. (Black’s Law Dictionary).
(e) “Collector”
means any person appointed under Order to exercise or perform all or any or the powers functions of a Collector under this Order;
Explanation: Under this Order need not necessarily be District Magistrate and Collector simultaneously. But, under provisions of this Order the Provincial Government may, from to time, by notification in the official Gazette may appoint “ person an officer to exercise all powers of Collector for purposes of this Order in any area specified in the notification and have the control of the administration of the provisions of this 0 in such area (Article 21).
(f) “Hadd”
means punishment ordained by the Holy our ‘an or sunnah;
The literal meaning of Hadd is measure or limit. In le terminology it means that punishment the limits of which a defined and fixed in the Quran and Hadith. It relates to these crimes in which the right accrues to God atone, without any right accruing humanity to like drinking wine (Mishkat, B. 15 Ch. 4).
Hadd is a kind of fixed punishment prescribed by Cod in exercise of his exclusive right. Hadd is the fixed punishment for the reason that this can neither be increased nor be decreased by any.
(g) “public place”
means a street, road, thoroughfare, park garden or other place to which the public have access and includes a hotel, restaurant, motel mess and club, hut does not in hide the residential room o a in the occupation of some person:
Explanation: “Public place” means a pace to which the public has free access, such as roads parks gardens and also includes hotels, restaurants, motels, messes and clubs because generally any members of the public may have access to them on fulfillment of certain conditions but does not include a residential room of a hotel which is occupied by some persons for his private use.
(h) “rectification
includes every process whereby intoxicating liquors are purified, coloured or flavoured by mixing any material therewith;
Explanation: Rectification means the act or process by which is made right or by which a wrong is adjusted. A criminal process, the process of vegetation or re- composition process of nature.
(i) “sale” or “selling”
includes any transfer by way of gift r otherwise;
Explanation: A contract, between two parties, called, i’ the “seller” (or vendor) and the “buyer” (or purchaser), when the former, in consideration of the payment or promise of payment of a certain price promise in money, transfers to the latter the title and the possession of property, transfer of property for consideration Hey or its equivalent.
(j) “ta’zir”
( means any punishment other than ‘Hadd’; and
Explanation: Literally means other Punishment. Tazir is from “tazir” “to censure-or repeal. That discretionary correction which is f or offences, for which Hadd, or “fixed punishment”, has not been appointed.