Law:

Section:

---.---Ss. 161, 220, 223, 409 & 420---.---Prevention of Corruption Act (II of 1947), S. 5(2)---.--- Pakistan Criminal Law Amendment Act (XL of 1958), S. 6(5)---.---Sindh Enquiries and Anti-Corruption Act (VIII of 1991), S. 3---.---Sindh Enquiries and Anti-Corruption Rules, 1993, R.11(4) & (5)---.---Constitution of Pakistan, Arts. 4 & 13---.---Illegal gratification, acting contrary to law, escape from custody, criminal breach of trust and cheating---.---Sanction for prosecution---.---Double jeopardy, principle of---.---Accused was a police official who was convicted by Trial Court and sentenced to various terms of imprisonment extending upto three years along with fine---.---Plea raised by accused was that trial was conducted without seeking mandatory prior sanction for prosecution of government servant---.---Validity---.---Accused had already served the term of punishment awarded to him by Trial Court---.---Prosecution could not be directed to prosecute accused again after obtaining proper sanction from competent authority or to apply any formal method afresh to bring irregularities in earlier trial within parameters of relevant law---.---Such would be violative of fundamental rights guaranteed to accused under Art. 13 of the Constitution, whereby he was protected against prosecution or punishment for the same offence once again and was also a violation of Art. 4 of the Constitution, as accused was not dealt with in accordance with law i.e. Pakistan Criminal Law Amendment Act, 1958, and Sindh Enquiries and Anti-Corruption Act, 1991 and Sindh Enquiries and Anti-Corruption Rules, 1993---.---High Court directed the authorities to refund amount of fine to accused as the same was reversible but term of sentence already served could not be reversed---.---Appeal was allowed accordingly. Federation of Pakistan v. Zafar Ahmed PLD 2005 SC 19; Zafar Awan v. The Islamic Republic of Pakistan PLD 1989 FSC 2004; Rashid Ahmed v. the State PLD 1972 SC 271; Syed Murad Ali Shah v. Government of Sindh PLD 2002 Kar. 464; Federation of Pakistan v. Zafar Awan Advocate PLD 1992 SC 72; M. Abdul Latif v. G.M. Paracha and others 1981 SCMR 1101 and Raja Mir Muhammad v. The…

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