' JAWAID NAWAZ KHAN GANDAPUR, J.--Heard. Admittedly the appellant was convicted under Article 3/4 of the Prohibition (Enforcement of Hadd) Order, 1979 (President's Order No,4 of 1979) and sentenced to undergo seven years' R.I. Each and to pay a fine of Rs,2,500 or in default thereof to undergo further R.I. For a period of one year. Therefore, under the IInd proviso to Article 27 of the said Order the appellant was to file an appeal before the Federal Shariat Court against his conviction/sentence as recorded by the Additional Sessions Judge, Peshawar vide his order dated 17-11-1996. For the sake of convenience the relevant provision, referred to above, is reproduced:-- "Provided further that an offence punishable under Article 8 shall be triable by a Court of Session and not by a Magistrate authorised under section 30 of the said Code and an appeal from an order under that Article (or from an order under any other provision of this Order which imposes a sentence of imprisonment for a term exceeding two years) shall lie to the Federal Shariat Court."
2. The learned counsel for the appellant submitted at the bar that the appeal against the order of Special Court shall lie to the High Court and shall be heard by a Bench of not less than two Judges under section 45 of the Control of Narcotic Substances Ordinance, 1995. In support of his contention the appellants' counsel placed reliance on case Muhammad Naveed Anjum v. The State (Appeal No,35/P of 1996) decided by His Lordship Mr. Justice Nazir Ahmad Bhatti, Chief Justice, Federal Shariat Court.
3. The contention of the learned counsel for the appellant is however, misconceived because, in the present case, appellant has not been tried under the Control of Narcotic Substances Ordinance, 1995 but has been convicted and sentenced under Article 3/4 of the Prohibition (Enforcement of Hadd) Order, 1979, therefore, we are of the considered view that the appeal shall lie to the Federal Shariat Court in accordance with the IInd Proviso to Article 27 of the said Order and that this Court has no jurisdiction to entertain this appeal.
4. Accordingly the memorandum of appeal and the other relevant documents shall be returned to the appellant so as to enable him to present his appeal before the proper forum i,e, Federal Shariat Court.