RAZIA BIBI Versus MUHAMMAD ARSHAD

MIR HAZAR KHAN KHOSO, C.J.- --Petitioner Rambail was tried for offence under Articles 3 and 4 of the Prohibition (Enforcement of Hadd) Order, 1979 by the authorities working under the Frontier Crimes Regulation, 1901. It may be pertinent to observe that in case reported in PLD 1989 FSC 50, this Court had taken the view that cases falling under the Prohibition Order are to be tried by Court of Session or by Magistrate under the provisions of Criminal Procedure Code but not by authorities under the Frontier Crimes Regulation, 1901. The decision taken by the Federal Shariat Court was upheld by the Supreme Court of Pakistan in case reported in 1993 SCMR 1523. The controversy indeed by now has been settled. The conviction and sentences recorded against the petitioner by the authorities under the FCR obviously are illegal and without jurisdiction. We as such are inclined to set aside the same, remand the case to the Political Agent/Sessions Judge of the area for trial of the petitioner under the Code of Criminal Procedure. Petitioner Rambel was allowed bail by this Court. He is called absent. He may be called by the trial Court for the purpose.

2. Petitioner Tajri Gul in Criminal Revision No.12/P of 1993 has requested for the return of vehicle used in the above case. As we have set aside the abovesaid order, the order regarding confiscation of the vehicle also stands set aside. The petitioner can move the trial Court for the return of the vehicle. It is for the trial Court to decide his application on merits and according to law.

N.H.Q./852/F.S.C.

Case remanded.