| Citation(s) |
|---|
| 1956 SLG 206 1956 SLD 206 = 1956 PLD 34 |
Petition for Special Leave to Appeal No. 109 of 1955, decided on 18th October 1955. (On appeal from the judgment and order of the High Court of Judicature at Lahore, dated the 22nd July 1955, in Criminal Appeal No. 900 of 1954).
(Appellate Jurisdiction) Present ; Muhammad Munir, C. J., M. Shahabuddin and Muhammad Sharif, JJ
Muhammad Shaft, Advocate, Federal Court, instructed by Ai. Siddiq, Attorney for Petitioner.
Respondent : Not respresented.
MUHAMMAD SHARIF-Petitioner
VERSUS
THE CROWN-Respondent
Law: Pakistan Criminal Law Amendment Act, (XIX of 1948)
Section: 5 (S)
Law: Prevention of Corruption Act (II of 1947)
Section: 6, 4
P L D 1956 Federal Court 34
The Federal Court held that a fresh sanction was not required when a corruption case, originally sanctioned under the Prevention of Corruption Act, 1947, was transferred from a Magistrate to a Special Judge under the Criminal Law Amendment Act, 1948 as amended in 1953, since the law expressly dispensed with such sanction in transferred cases. It further ruled that misdescription of the sanctioning officer’s designation (Deputy Commissioner instead of Collector) was immaterial as both titles referred to the same person. The petition challenging the conviction was therefore dismissed.