Law:

Section:

(a) Prohibition (Enforcement of Hadd) Order (4 of 1979)--- ----Art. 27(1), second proviso---Constitution of Pakistan (1973), Art.203-DD--­Appeal before Federal Shariat Court under Art.203-DD, Constitution of Pakistan---Term of imprisonment contemplated by Art. 27 of the Prohibition Order, 1979, is the substantive term of imprisonment awarded for an offence and the term of imprisonment which is to be undergone for non-payment of fine cannot be added thereto for the purpose of bringing the case within the jurisdiction of Federal Shariat Court. Maqsood v. The State Criminal Appeal No. 62/1 of 1994 ref. (b) Prohibition (Enforcement of Hadd) Order (4 of 1979)--- _--Arts. 4 & 27(1), second proviso---Constitution of Pakistan (1973), Art.203-DD---Jurisdiction of Federal Shariat Court---Substantive term of imprisonment awarded to the accused under Art: 4 of the Prohibition Order, 1979, did not exceed two years---Federal Shariat Court, therefore, had no jurisdiction to hear the appeal---Memorandum of appeal was consequently returned to the accused for filing the same before a Court of competent jurisdiction if so advised.--[Jurisdiction]. Maqsood v. The State Criminal Appeal No. 62/1 of 1994 ref. JUDGMENT This appeal is directed against judgment, dated the 18th January, 1994, passed by Jam Muhammad Ilyas, Additional Sessions Judge, Rajanpur, whereby he convicted the appellant, Muhammad Abbas, under Article 4 of the Prohibition (Enforcement of Hadd) Order, 1979, hereinafter referred to as the Prohibition Order, and sentenced him to undergo rigorous imprisonment for two years and to pay a fine of Rs.5,000 or, in default, suffer further rigorous imprisonment for two months. 2. According to Article 27 of the Prohibition Order an appeal before this Court is competent if the term of rigorous imprisonment, awarded under any provision thereof, exceeds two years, but since the term of imprisonment…

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