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Constitution of Pakistan (1973)-----Art. 185 (3)-Point raised before Supreme Court not taken in any Court below -Not allowed to be raised-Petitioner not prejudiced by conduct objected to-Leave to appeal to Supreme Court refused. ORDER HAMOODUR RAHMAN, C. J.-The petitioner, who was at the relevant time a Junior Store Keeper in the office of the Agricultural Engineer, Khairpur, was tried along with his Senior Store Keeper for offences under section 40->, P. P. C. and section 5 (2) of the Prevention of Corruption Act, 1947, by the Special Judge, Sukkur, who found the petitioner guilty and sentenced him to suffer rigorous imprisonment for nine months and also to pay a fine of Rs. 3,900 for alleged misappropriation of petrol. The co-accused, namely, the Senior Store Keeper was acquitted. A third person, namely, Miskeen, a truck driver, who is absconding, was not tried along with these two. The charge against the petitioner was that he had between the 7th of December 1962 and the 15th of January 1963 misappropriated 1309 gallons of petrol worth its. 3,900 from the Store of the Workshop. The com­parison of the entries in the register maintained by the petitioner and the actual physical verification of the petrol in the oil tank clearly disclosed the shortage alleged by the prosecution. The petitioner admitted that he was employed as the Junior Store Keeper and that he had made the entries in the register which were correct, but he pleaded that when he took over charge from his predecessor he received 476 ½ gallons less. 1n addition to this, he claimed that 20 gallons had evaporated from the tank and about 150 gallons had been taken away by the Officers without any indent. According to him, the meter also was recording in excess and thus there was an excess reading of something like 70 gallons. The trial Court found that even if full…

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