Law: Prevention of Corruption Act, 1947

Section: 5(2)

Law: Constitution of Pakistan, 1973

Section: 199

Prevention of Corruption Act (II of 1947) S. 5(2) Constitution of Pakistan (1973), Art.199 Constitutional petition Allegation against accused was that fraudulent entries made in Register R.L.II by Patwari were subsequently verified by him while he was working as Girdawar Kanungo Halqa concerned Patwari who was alleged to be real culprit and was absconding was later on tried and was acquitted of charge Prosecution had stated that record was not available and even order passed against the accused by Summary Military Court was not with the prosecution High Court allowing Constitutional petition of the accused against order of Summary Military Court, declared the conviction and sentence awarded by said Court to be without lawful authority and of no legal effect. Hamid Khan for Petitioner. Ch. Muhammad Ashraf, Asstt. A. G. for Respondents. Date of hearing: 22nd January, 2001. JUDGMENT MALIK MUHAMMAD QAYYUM, J. This petition under Article 199 of the Constitution of Islamic Republic of Pakistan (1973), calls in question the order passed by Summary Military Court No.70, Lahore, whereby the petitioner was convicted and sentenced to one years R.I., fine of rupees one lac and confiscation of his property. The petitioner at the relevant time was working as Girdawar Kanungo Halqa Niaz Beg in the year 1976 77. A case F.I.R. No.20/80, dated 22 4 1980, was registered at Police Station Anti Corruption Establishment, Punjab, Chauburji, Lahore, at the instance of Muhammad Hussain Chaudhary. Assistant Commissioner, Sadar, Lahore. The petitioner alongwith some others were nominated as accused persons. 2. The precise allegation in the afore noted F.I.R. was that I…

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