STATE Versus GIN Z,AMAN

NCR AHMAD BHATTI, J : -- This criminal appeal, filed by the State, challenges the judgment dated 10-11-1992 of Sessions Judge, Kohat whereby respondent Gul Zaman was acquitted of the offence under Articles 3 and 4 of the Prohibition (Enforcement of Hadd) Order, 1979.

2. The impugned judgment was made on 10-11-1992 and the appeal was filed on 17-3-1993. Admittedly the appeal was filed long after the statutory period of 60 days for filing the appeal in this Court. Moreover, no application for condonation of delay was presented. The appeal was admitted for hearing subject to the point of limitation. The appeal is clearly time-barred and no explanation has been furnished for the delay. After the expiry of the period of limitation the respondent acquired a right of liberty of person which right cannot be taken away without any reasonable explanation. Relying on a judgment of the Supreme Court of Pakistan in the case Noor Hussain v. Muhammad Salim 1985 S C M R 893, we would dismiss the appeal as barred by time.

N.H.Q./890/FSC

Appeal dismissed.