Law:

Section:

(a) Pakistan Criminal Iaw Amendment Act (XL of 1958)

---- S-6(5) --- Penal code (XLV of 1860), S.409 --- Prevention of Corruption Act (11 of 1947), S.5(2) --- Sanction for prosecution --- Sanction to prosecute is an important factor which constitutes a condition precedent to the institution of the prosecution and is not a matter of routine or a mere formality-- Sanctioning Authority must consider and look into a l the material facts including the evidence for adequately discharging the obligation of deciding whether to give or withhold sanction --- Proof has to be supplied that the sanction was given after consideration of the facts and material constituting the offence which should be apparent on the face of the sanction, otherwise prosecution must prove by extraneous evidence that such facts were placed before the Sanctioning Authority who had gone through the same -- Sanction granted in a mechanical manner was disapproved and held to be ilegal entailing consequence of quashing of proceedings initiated on the basis of such sanction.

Tufail Muhammad v. The Crown PLD 1954 Lah. 37; Gokalchand Dwaradas Morarka v. The King PLD 1948 PC 11; Saswant Singh v. State of Punja!) PLD 1958 SC (Ind.) 328; Yousaf ali Mula v. The King PLD 1949 PC 264; Abdul Rashid v. The State PLD 1960 Kar. 251; Munshi Abdulah Khan V. Azad Jammu and Kashmir Government PLD 1960 Azad J&K 14; Masudul Hassan Qureshi v. The State and another 1982 PCr.IJ 530; Hotchand v. The State 1085 PCr.IJ 2318 and Shafqatulah v. The State 1989 MLD 664 ref