Law:

Section:

Abdul Qayyum, Senior Store-Keeper and Muhammad Ikram, Junior Store-Keeper of the WAPDA C.R.B.C. were prosecuted under section 409, P.P.C. reads with section 5(2) of the Prevention of Corruption Act registered against them vide F.I.R. No.8 of 1984 of F.I.A., Sub-Circle, D.I. Khan on the allegation that they allegedly misappropriated butter oil (1100 Kgs), D.S. Milk (1500 Kgs) and Sugar (150 Kgs) from the store of the World Food Programme CRBC Colony, D.I. Khan. It was alleged that on 27-11-1983 Mr. Azizullah Khan, Executive Engineer, C.R.B.C., Project, WAPDA, D.I. Khan on the information conveyed to him by Amanullah, Security Guard, intercepted truck No. DNA 3905 on Bannu-D.I. Khan Road and found the same loaded with World Food Commodities alleged to have been taken from the World Food Programme Warehouse located in the WAPDA CRBC, WAPDA Colony, D.I. Khan without any authority. Zahoor Khan, truck driver on interrogation disclosed that the truck was hired by Abdul Qayyum, Senior Store-Keeper for Rs. 150. The matter was referred to Major Muhammad Ilyas, Deputy Director (C&I) WAPDA to enquire the matter, and on receipt of the report of the said Enquiry Officer, endorsed by the Chief Engineer, C.R.B.C. Project WAPDA, a case was registered and the two' accused were ultimately challenged to the Court of the Special Judge (Central) Anti-Corruption, NWFP, Peshawar, who by his order dated 20-6-1987, on the application of the defence counsel acquitted both the accused under section 265-K, Cr.P.C, observing that:-   "The accused Abdul Qayyum and Muhammad Ikram both are acquitted when extended to them doubt benefit though both being not absolutely innocent."   The observations of the learned` trial Judge, "though both being not absolutely innocent" obliged Abdul Qayyum to come in the instant criminal miscellaneous petition under section 561-A, Cr.P.C, praying that the remarks being uncalled for may be expugned.   Arguments of the learned counsel for the petitioner and the learned Assistant Advocate-General on behalf of the State respondent have been heard and record of the case has been examined.   Under section 265-K, Cr.P.C.…