THE STATE through Advocate-General, Sindh vs MUNIR AHMED and 2 others

' RAHMAT HUSSAIN JAFFERI, J.---The appellant has challenged the judgment of acquittal passed by the then ACM-I, Central Karachi by invoking the provisions of section 249-A, Cr.P.C. Into a case for offences punishable under Articles 3 and 4 of Prohibition (Enforcement of Hadd) Order, 1979. A preliminary point was raised as to whether this Court or the Federal Shariat Court has jurisdiction to hear the appeal of acquittal.

2. On the said point we have heard the A.A.-G. And Advocate for the respondent No,l.

3. After going through the authority of the Hon'ble Supreme Court of Pakistan in the case of Muhammad Sharif v. State PLD 1999 SC 1063 it was agreed that the Federal Shariat Court has jurisdiction to hear the appeal.

4. We have gone through the case of Muhammad Sharif (supra) and found that the Shariat Appellate Bench of the Hon'ble Supreme Court of Pakistan after considering the conflicting views of the various High Courts and interpreting Article 27 of the Prohibition (Enforcement of Hadd) Order, 1979 decided that the word "Court" appearing in section 417, Cr.P.C. Would mean the Federal Shariat Court after giving interpretation to the words "mutatis mutandis" appearing in Article 27 of the said Order. It was held that appeal against the judgment of acquittal lies to the Federal Shariat Court and not the High Court.

5. Following the dictum laid down by the above authority we hold that this Court has no jurisdiction to hear the appeal of acquittal passed by the trial Court in the case of Prohibition (Enforcement of Hadd) Order, 1979. Consequently, the appeal be returned to the appellant for presenting it before the Federal Shariat Court for further necessary proceedings.