ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Cr. Rev. App. No. S – 54 of 2016

Date of hearing

Order with signature of Judge

 

For hearing of main case

 

27.05.2019

 

Mr. Ghulam Shabbeer Shar, Advocate for the applicant.

Mr. Khalil Ahmed Maitlo, Deputy Prosecutor General for the State.

 

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                        It is alleged that the applicant was found to be in possession of 160 Kg of “Bhang”, he accordingly was booked to face trial for an offence punishable under Article 3/4 of Prohibition (Enforcement of Hadd) Order,1979, by the police.

2.                     On conclusion of the trial, the applicant was found guilty for an offence punishable under Article 3 of Prohibition (Enforcement of Hadd) Order,1979 and was convicted and sentenced to undergo imprisonment for three years and to pay fine of Rs.10,000/- by 3rd Civil Judge and Judicial Magistrate, Kandiaro vide his judgment dated 25.11.2015.  The appeal against conviction in case like present one, for term exceeding two years as per article 27 of Prohibition (Enforcement of Hadd) Order,1979 is to be filed before Hon’ble Federal Shariat Court of Pakistan. Surprisingly in the instant case the appeal was filed before learned Sessions Judge Naushehro Feroze, who dismissed the same vide his judgment dated 21.03.2016. Such dismissal of his appeal by learned Sessions Judge Naushehro Feroze, the applicant has impugned before this Court by way of instant Criminal Revision Application.

3.                     At the very outset, it is stated by learned DPG for the State that entire revisional jurisdiction in Hadd / Hudood case as per mandate contained by Article 203DD (1) of the Constitution of Islamic Republic of Pakistan, 1973 lies with the Hon’ble Federal Shairiat Court of Pakistan. By stating so he sought for dismissal of instant Revision Application for want of jurisdiction.

4.                     Learned counsel for the applicant when was confronted with the above legal position, was fair enough to concede that the entire revisional jurisdiction in Hadd / Hudood case lies with the Hon’ble Federal Shariat Court of Pakistan. By conceding so, he sought for direction against the office of this Court to transmit the record of instant Criminal Revision Application to Hon’ble Federal Shariat Court of Pakistan for its disposal on merits in accordance with law as per the mandate contained by Articled 10A of the Constitution of Islamic Republic of Pakistan 1973, which according to him provide right of fair trial to the applicant for determination of his Civil/Criminal obligations/charges.

5.                     In view of above, office of this Court is directed to transmit the record of instant Criminal Revision Application to Hon’ble Federal Shariat Court of Pakistan for its disposal in accordance with law or otherwise as deem fit by the Hon’ble Federal Shariat Court of Pakistan.

 

 

 

J U D G E

Abdul Basit