Case Details

Citation(s)
1977 SLG 281 1977 SLD 281 1977 PLD 629
Supreme Court of Pakistan
Criminal Appeal No. K-10 of 1973, decision dated: 24th May 1977. (On appeal from the judgment and order of the High Court of Sind and Baluchistan, Karachi dated the 29th March 1971, in Criminal Revision No. 21 of 1970).
ANWARUL HAQ, DORAB PATEL AND MUHAMMAD HALEEM, JJ

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MESSRS GENERAL TRACTOR AND MACHINERY Co. LTD., KARACHI

VS

THE STATE

Law:

Section:

Criminal Procedure Code (V of 1898)--- Ss. 94 & 517-Interpretation of statutes-Words "document or other thing" in S. 94-General, covering any document or thing production anti impaction whereof necessary or desirable, or tending to serve ends of justice-Judicial interpretation of words "document or other thing", seem to confine it, apart from question of evidence, to any property forming subject of charge pending before Court. or laving any direct connection with offence under investigation or inquiry, such as document or thing forming part of proceeds of an offence--Moneys not identifiable or reasonably connected with subject-matter of proceedings, however, outside ambit of rule Amount in possession of appellants admittedly Government money and advanced against anticipated supply of pesticides which appellants failed to supply-Money in such case cannot be said to be not reasonably connected with subject-matter of charge-Court, held. empowered to direct its deposit under S. 94 and order under S. 517 could be passed on its basis at end of trial-Penal Code (XLV of 1860), Ss. 409, 420, 477-A & 120-B.-[Disposal of property-Interpretation of statutes]. S. M. Zafar, Senior Advocate instructed by Yaqub Hussain Zaidi, Advocate for Appellant. Usman Ghani, A. A: G., Sind instructed by M. I. Memon, Advocate-on-Record for Respondent. Date of hearing : 24th May 1977. JUDGMENT MUHAMMAD HALEEM, J.-This appeal i9 by special leave against the judgment dated 29-3-1971 of the former High Court of Sind and Baluchistan, Karachi by which Criminal Revision No. 21 of 1970 ways dismissed. The appellant is a private Limited Company which carries on business of Import, manufacture, indenting, sale and supply of pesticides, insecticides, sprayers, etc. Agha Qamar Husaain was its Director. A case was registered against him and four officers of the Agricultural Directorate, Hyderabed, namely, M. A. Memon, Iqbal Wajih, Yar Muhammad Shah and Ghulam Ali, on the :17th of September 1963, under sections 409, 420, 477-A, 120-B of the Pakistan Penal Code read with subsection (2) of section 5 of the Prevention of Corruption Act, 1947. It was alleged that Qamar Hussain in conspiracy with the…
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