1999 PLP 2497 (MLD)

Appellant has assailed a judgment, dated 8-7-1997 delivered by the Court of IIIrd Additional- Sessions Judge Karachi South whereby he has been convicted under Article 4 of the Prohibition (Enforcement of Hadd) Order, 1979 and has been sentenced to R.I. for 7 years and to pay a fine of Rs.10,000 and in default thereof he shall undergo further R.I. for six months. Benefit of section 382-B, Cr.P.C. has been extended.

2. The appeal has been presented at the Registry-office of this Court for the Province of Sindh at Karachi 66 days from the date of the delivery of the impugned judgment. No reason or sufficient cause has been shown in the memo of appeal or anywhere else to extend the period of limitation by six days. The word "shall" used in Rule 18(1)(a) of the Federal Shariat Court (Procedure) Rule 1981 creates as mandate for this Court not to entertain appeals which are not presented within sixty days from the date of order or decision appealed from unless sufficient cause is shown to extend the period. Rule 18 of the Federal Shariat Court (Procedure) Rule 1981 reads: -- "Presentation of appeals.--(1) Every appeal shall be presented personally by the appellant himself, or by this counsel, if any, to the Registrar or any other officer authorised by the Chief Justice, at the principal seat of the Court or the registry-office of the Province in which the offence is alleged to have been committed; (a) An appeal shall be presented to the Court within sixty days from the date of the order or decision appealed from; Provided the Court may for sufficient cause extend the period. " (2) Every appeal shall be accompanied by a certificate that a similar appeal was not instituted at the principal seat of the Court or at branch registry herein a before prescribed, it may be returned to the appellant or the counsel, if any, to bring it in conformity with the provisions of rule 17: Provided that an appeal received, by transfer from a High Court or lower Court, or from an accused who is confined in jail and is not represented by a counsel, not being in conformity with rule 17 shall not be returned: Provided further that the Court may ask the appellant to supply additional copies of appeals documents and such other information as it may deem necessary to bring it in conformity with the provisions of that rule. (4) The Registrar or the Officer authorised under sub-rule (1) shall, on being satisfied that the appeal fulfils the requirements of these rules, cause it to be registered and inform the appellant and his counsel, if any, of the date on which the appeal shall be taken up by a Bench for preliminary hearing, subject to the Court determining that the appeal is competent before it. Since no sufficient cause has been shown or appears from the records of the case placed before me, I do not find any reason to deviate from the mandate) created for this Court as discussed above. This appeal being barred by limitation is dismissed in limine. N.H.Q/5/FSC Appeal dismissed.