when in the manner
aforesaid, a Drug Court has been made subject to appellate
jurisdiction of the High Court and in that sense inferior to the
High Court, the latter could exercise revisional jurisdiction against
its order and proceedings as laid down in sections 435/439, Cr. P.
C. In other words once having made the Drug Court, in that
manner judicially inferior to the High Court, there was no
necessity of duplicating the matte over again by expressly
providing for a revisional jurisdiction of the High Court; because,
the same already inhered in the status and position i which the
Drug Court stood to the High Court. It is well settled that an
appeal is a complaint to a superior body of any injustice done or error committed by an inferior one with a view to its reversion or
correction etc. From that point of view also the Drug Court being
subject to the appellate jurisdiction of the High Court is an
"inferior criminal Court" whose orders and proceedings will be
revisable by it under section 435
Used in Judgement of
Lahore High court
WP- Criminal Proceeding
9027-17
2018 LHC 1465

0 Comments