Law: Canal and Drainage Act, 1873

Section: 70,75

Law: Pakistan Penal Code, 1860

Section: 40

Law: Criminal Procedure Code (V of 1898)

Section: 407,561-A,439

Law: Canal and Drainage Rules

Section: 81,103

(a) Canal and Drainage Act (VIII of 1873)--- ----Ss. 70 & 75---Canal and Drainage Rules, Rr.81 & 103---Penal Code (XLV of 1860), S.40---Criminal Procedure Code (V of 1898), Ss.407 & 561-A---Water course, damaging of---Apealable offence---Scope---Trial Court convicted accused persons for damaging water course and sentenced them to pay fine and also to restore water course---Lower Appellate Court allowed the appeal and acquitted all accused persons---Plea raised by petitioners was that no right of appeal was available to accused persons under Canal and Drainage Act, 1873---Validity---No right of appeal had been provided there either by against an order passed by Court under S.70 of Canal and Drainage Act, 1873, or by Rules framed under S.75 of Canal and Drainage Act, 1873---No action or omission mentioned in S.70 of Canal and Drainage Act, 1873, was an offence within the definition of S.40, P.P.C. and on conviction by Magistrate, no right of appeal within the contemplation of S.407, Cr.P.C. was available---High Court in exercise of inherent jurisdiction under S.561-A, Cr.P.C. quashed the order passed by Lower Appellate Court being without jurisdiction and coram non judice---Petition was allowed in circumstances. The State v. Abdul Qayyum 2011 PCr.LJ 252; Arz Muhammad Umrani v. Atta Muhammad and others 1998 SCMR 633 and Muhammad Abbas v. Mst. Naila Taranum Jamshed 2001 Pcr.LJ 628 ref. (b) Appeal--- ---Right of appeal is purely a creature of statute and unless a right of appeal is clearly and expressly provided by statute, it does not exist nor is there any scope for interfering such right by implication. (c) Interpretation of statutes-- ----Special law always suppressed the general law---Special law does not expressly apply the provisions of Criminal Procedure Code, 1898, to the proceedings by special forum specially established for particular class or classes of cases or offences. (d) Criminal Procedure Code (V of 1898)--- ----S. 439---Revisional jurisdiction---Scope---When right of revision is not conferred expressly upon any aggrieved person, it cannot be availed under the concept of general law, through implication. JUDGMENT IKRAMULLAH KHAN…

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