Law:

Section:

Expunction of Adverse Remarks from the Judgment---Federal Shariat Court had not given any opportunity of hearing to the Magistrate before passing adverse remarks in its against him, in relation to trial of a case by the Magistrate---Supreme Court, in circumstances, converted the petition for leave to appeal into appeal allowed the same and adverse remarks narrated in the prayer of the application, were expunged---Constitution of Pakistan (1973), Art.203-F. Syed Ali Nawaz Gardezi v. Lt.-Col. Muhammad Yousuf PLD 1963 SC 51 fol. G.S. Gideon, Advocate v. The State PLD 1963 SC 1; Abdul Khaliq v. Khan Bahadur and another PLD 1996 SC 176; Muhammad Mansha v. The State PLD 1996 SC 229; Abdul Sattar Khan, District and Sessions Judge, Lakki Murwat v. The State SCMR 2000 SC 652 and PLD 1991 FSC 66 ref. ORDER MUHAMMAD FARRUKH MAHMUD, J.--- This petition seeking leave to appeal is directed, against judgment, dated 15-9-1998 handed down by the learned Federal Shariat Court in case F.I.R. No.85 registered at Police Station Model Town, Lahore on 10-4-1993 for offence under Articles 3 and 4 of Prohibition (Enforcement of Hadd) Order, 1979, whereby the learned Court while dismissing the appeal passed adverse remarks against the petitioner who had heard and decided the case as Judge of the trial Court. Haji Muhammad Hamid, Muhammad Latif (both the accused were Nigerian), Muhammad Aslam and Muhammad Rafique Shah faced trial in the Court, of the petitioner for offences under Articles 3 and 4 of Prohibition (Enforcement of Hadd) Order, 1979. Vide judgment, dated 8-12-1993 the petitioner in his capacity as Judicial Magistrate acquitted Muhammad Hamid, Muhammad Latif and Muhammad Aslam accused. Through the same judgment Muhammad Rafiq Shah, on the basis of his confession, was convicted for offence under Article 4 of the Order and was sentenced to six years' rigorous imprisonment. He was also directed to pay fine of Rs.5,000 in default of payment thereof, he was to suffer four months' S.I., he .was alsosentenced to five stripes, benefit of section 382-B, Cr.P.C. was given to him. Feeling aggrieved the State filed appeal against acquittal of rest of the three accused i.e. Muhammad Hamid,…

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