Law:

Section:

Prohibition (Enforcement of Hadd) Order (4 of 1979)--- ----Arts. 1(2) & 3/4---Frontier Crimes Regulation, (III of 1901), Preamble--- Cases falling under the Prohibition Order being triable only by Court of Session or by Magistrate under the provisions of Criminal Procedure Code, trial and conviction of accused by Authorities under the Frontier Crimes Regulation, 1901, were illegal and without jurisdiction and the same were consequently set aside and the case was remanded to the Political Agent/Sessions Judge of the area for trial of accused under the Code of Criminal Procedure. PLD 1989 FSC 50 and 1993 SCMR 1523 rel. JUDGMENT 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…

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