Law:

Section:

Keywords: Prosecution Witness, Place, Commission, Loan, Cross-Examination, Prevention, Fine, Illegal, Delay, Notice, Conviction, Magistrate, Consideration, Leave, Division, Punishment, Development Authority, Maintain, Prosecution, Enquiry Officer, Appointment, Recovery, Gratification, Office, Examination, Suo Motu, Imprisonment, Enhancement, Payment, Government, Guilty, Contentions, Production, Evidence, Chairman, Money, Executive, Sub-Division, Establishment, Petition, Illegal Gratification, Defence Witness, Issuance Of Notice, Information, Theft, Procedure, Dispute, Defence, Orders, Issuance, Possession Result: Order accordingly JUDGMENT The appellant Zulfiqar Hussain Kalhuri was tried by the Special Judge -cum-Enquiry Officer, Karachi, on a charge under section 161, P. P. C. Read with section 5(2) of the Prevention of Corruption Act, 1947 and convicted of the said offence on the 5th April 1972 and sentenced to imprisonment till the rising of the Court and also to pay a fine of Rs. 400, in default of payment of fine he has been ordered to suffer further R. I. For four months. The appellant filed an appeal through Mr. G. M. Shah, Advocate and the appeal was admitted by my Lord the Chief Justice who at the time of admission also ordered issuance of notice to the appellant to show cause why the sentence should not be enhanced. Mr. G. M. Shah has appeared for the appellant before me in the appeal that has been filed by him and also in the suo motu Reference for enhance ment that has been made by the orders of my Lord the Chief Justice. Both the appeal and the reference are being disposed off by this judgment. 2. Briefly stated the facts of the prosecution case are that on the date of commission of this offence viz. 27th September 1965, appellant was working as an Assistant Stores Officer in the Karachi Development Authority and was posted in -the North Nazimabad Store Sub-Division. One Muhammad Hashim who was at one time a chowkidar in the Karachi Development Authority Stores Department had proceeded on leave and not returned and for that reason perhaps his service had been terminated. However, Muhammad Hashim returned in the month of September 1969 and on the…

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