Law:

Section:

(a) Criminal Procedure Code (V of 1898), S. 428(I) Criminal appeal-Additional evidence at appellate stage-Neces sity of taking, must be examined on particular facts of each case-No reason to show why evidence not adduced at earlier stage-Application under S. 428 rejected. Ali and another v. The Crown P L D 1952 F C 71 and Ghulam Muhammad and others v. The State P L D 1957 Lah. 263 ref. (b) Criminal Procedure Code (V of 1898), S. 197(1) read with Police Act (V of 1861), S. 7 and Police Department Delegation of Powers Rules, 1958, r. 2(i)-Sanction for prosecution-Assistant Sub-Inspector of Police and Police constables-Removable from service by Inspector-General of Police and as such do not belong to class of public servants contemplated under S. 197(1), Cr. P. C.-No sanction under S. 197, Cr. P. C. necessary even if alleged offences committed while acting or purporting to act in discharge of official duty-[Zaheer Ali v. The State P L D 1965 Kar. 180 dissented from]. The Police Department Delegation of Powers Rules, 1958, were framed by the Governor of West Pakistan in exercise of the powers conferred on him by clause (i) of Article 2 of the Laws (Continuance in Force) Order 1958, read with sub clause (b), clause (2) of Article 182 of the late Constitution of 1956. Rule 2(1) provides as follows : "Notwithstanding any provision to the contrary in any service rule for the time being in force in the Province or any part thereof, the autho rities for purposes of appointment, appeals, punishments, transfer and controlling travelling allowance, in respect of each person holding post mentioned in column 2 of the Schedule annexed herewith shall be such as are specified against the post of such person in columns 3 to 8 of the said Schedule." Entries at Serial Nos. 8, 9, 10 and 11 in the Schedule show that the Assistant Inspector-General of Police or the Superintendent of Police would be the appointing as well as dismissing autho rity for Sub-Inspectors, Assistant Sub-Inspectors, Head Con stables and Constables in the Police Department. An Assistant Sub-Inspector of Police and a Police Constable do not belong to the class of public servants contemplated under…