Answer
Drinking:
According to Article 6: Whoever intentionally and without ‘ikrah’ or iztirah’ takes an intoxicant by any means whatsoever, whether such taking causes intoxication or not, shall be guilty of drinking.
Explanation:
In this Article:
(a) ‘ikrah ’means Putting any person in fear of injury to the person, property or honour of that or any other person; and
(b) ‘iztirah; means a situation in which a person is in apprehension of death due to extreme hunger or thirst or serious illness.
According to Article 7: Two kinds of drinking:
Drinking may be either drinking liable to Hadd’ or drinking liable to ‘Tazir’.
Explanation:
This Article defines drinking “Drinking” means intentionally (without ikrah of irtizar) taking any intoxicant by any means whatsoever even though intoxication may not be caused.
Irtizar means putting in fear of injury to person, Property, or lie person concerned or any other person such as for
example one’s wife or children.
Irtizar means putting a person in such situation where he feels an apprehension of death due to extreme hunger, thirst or illness.
Drinking liable to Tazir under Article 11:
Whoever-
(a) 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 ceremony prescribed by his religion; or
(c) being a non-Muslim, who is not a citizen of Pakistan is guilty of drinking at 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.
Article 11 relates to punishment by Tazir in cases of drinking When a Muslim is guilty of drinking but he is not liable to Hadd and or which no proof is available in either forms given in Article 9 but he Court is satisfied that the offence stands proved by the evidence on record or when a non-Muslim citizen of Pakistan is found guilty of drinking otherwise than as part of a religion or when a Non1uslirn foreigner is found drinking at a public place the accused in all such cases shall he liable to Tazir and liable to be punished with imprisonment of either description which may extend to 3 years, or with whipping not exceeding 30 stripes or with both.
Exception: Article 5 of Ordinance:
The prohibition contained in the previous Articles, i.e., Articles 3 and 4 shall not apply to any act done under and according to the provisions of this Order, or the terms of any rule, notification, order, or licence issued under this Order. Thus the Government may permit manufacture, import, transport, export, sale or possession of any intoxicant fc bona tide medicinal, scientific or industrial purpose or f
consumption by a non-Muslim citizen of Pakistan as part of religious ceremony or by a non-Muslim foreigner for his private consumption (but not in a public place).