1994 PLP 1045 (MLD)
MUHAMMAD FAROOQ — Appellant Versus THE STATE — Respondent
| Citation | 1994 PLP 1045 (MLD) |
| Forum / Court | Federal Shariat Court |
| Bench Members | N/A |
| Parties | MUHAMMAD FAROOQ — Appellant Versus THE STATE — Respondent |
| Primary Law | Prohibition (Enforcement of Hadd) Order (4 of 1979) |
Q1: What are the key laws and sections cited in 1994 PLP 1045 (MLD)?
This judgment primarily cites: Prohibition (Enforcement of Hadd) Order (4 of 1979) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1994 PLP 1045 (MLD)?
The case was heard and decided by the Federal Shariat Court bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1994 PLP 1045 (MLD) (MUHAMMAD FAROOQ — Appellant Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Headnotes / Summary
Arts. 4 & 27, second proviso=--Jurisdiction
Accused had been sentenced to suffer two years' R.I. with five stripes and fine under Art. 4 of the Prohibition (Enforcement of Hadd) Order, 1979
Federal Shariat Court under Art. 27, proviso second, Prohibition (Enforcement of Hadd) Order, 1979 could entertain an appeal where a sentence of imprisonment exceeding two years was awarded to a convict, it therefore, had no jurisdiction to entertain the appeal against said sentence
Memo. of appeal alongwith the documents was directed to be returned to the defence counsel in. circumstances for filing the same in the High Court.
Judgment & Decree
This appeal is directed against the judgment, dated 5-7-1993 passed by the learned Additional Sessions Judge, Mianwali, whereby appellant Muhammad Farooq son of More Khan was convicted for offence under Article 4 of the Prohibition (Enforcement of Hadd) Order, 1979 (hereinafter referred to as the Order) and sentenced to suffer R.I. for two years, five stripes and fine of Rs.10,000, in default to suffer S.I. for three months more.
2. Under second proviso of Article 27 of the Order, this Court can entertain an appeal where a sentence of imprisonment exceeding two years is awarded to a convict. The proviso reads as under:
"Provided further that an offence punishable under Article 8 shall be triable by a Court of Session and not by a Magistrate authorised under section 30 of the said Code and an appeal from an order under that Article or from an order under any other provision of this Order which imposes a sentence of imprisonment for a term exceeding two years shall lie to the Federal Shariat Court:" On face of it this Court has. no jurisdiction to entertain this appeal. The memo of appeal alongwith the documents be returned to the learned counsel for the appellant who can file the same in the Lahore High Court, Lahore. A copy of the memo of appeal alongwith the documents be kept on the record. N.H.Q./871/FSC Order accordingly.