Law: Constitution of Pakistan, 1973

Section: 203-DD

Law: Prohibition (Enforcement of Hadd) Order, 1979

Section: 3/4

Law: Control of Narcotic Substances Ordinance, 1996

Section: 63,65

(a) Constitution of Pakistan (1973)     Art. 203 DD Revisional jurisdiction of Federal Shariat Court ¬ scope Revisional jurisdiction of Federal Shariat Court under Art.203 DD of the Constitution would extend to the examination of correctness, legality or propriety of any finding Federal Shariat Court could examine the record of the case and could pass such order as deemed fit Such power of the Federal Shariat Court was analogous to the power of criminal revision provided under Criminal Procedure Code, 1898.    (b) Prohibition (Enforcement of Hadd) Order (4 of 1979)     Arts. 3/4 Control of Narcotic Substances Ordinance (XIII of 1996), Ss.63 65 Constitution of Pakistan (1973), Art.203 DD Appreciation of evidence Return of case to Special Court Allegation against the accused was that 22 Kilograms opium was recovered from him Trial Court framed charge against the accused and examined witnesses, but before conclusion of the case, returned the case to the concerned police official with direction to submit the challan within three days to the Special Court constituted under Control of Narcotic Substances Ordinance, 1996 Validity Occurrence had taken place at the time when Control of Narcotic Substances Ordinance, 1997 was in field ¬Finding of Trial Court with regard to return of the case was based on the fact that quantity of opium alleged to have been recovered from the accused was 22 kilograms and law governing Control of Narcotic Substances was a special law and S.63 of Control of Narcotic Substances Ordinance, 1996 had provided that irrespective of existence of other laws, offences falling under said Ordinance were to be tried under provision of said Ordinance Trial Court in returning the case to Special Court had not committed any illegality In absence of any illegality in the order of Trial Court, same could not be interfered with in revision by the Federal Shariat Court.    Rasool Bakhsh and others v. The State 1998 PCr.LJ 438 ref.   Shaikh Ghulam Sabir Niazi for Petitioners.   Fazal ur Rehman Awan for the State.   Date of hearing: 15th March, 2001. JUDGMENT By this Constitutional revision an…

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