Law:

Section:

(On appeal from the judgment and orders of the High Court of West Pakistan, Lahore, dated the 3rd April 1967, and the 17th May 1967, in Criminal Appeals Nos. 301 of 1966 and 173 of 1964, respectively). (a) Prevention of Corruption Act (II of 1947), S. S(2) read with Penal Code (XI. V of 1860), S. 161-Misconception about admissi bility of certain material statements brought about by order of high Court coupled with its failure to bear in mind onus that lay on accused resulting in grave miscarriage of justice-Order of acquittal passed by High Court, set aside. (b) Prevention of Corruption Act (II of 1947), S. S(2) read with Penal Code (XLV of 1860), S. 161-Accused failing to prove that he received money for a purpose other than mentioned in S. 161, P. P. C.-View of High Court drat mere recovery of tainted money from possession of accused could not be considered enough to fix him with guilt-Held, erroneous, in circumstances of case-Order of trial Court convicting accused restored. K. M. Bokhari, Assistant Advocate-General, Punjab (Nusratullah, Advocate Supreme Court with him) instructed by M. B. K. Tamimi, Advocate-on-Record for Appellant (in all the three Appeals). Sardar Ataullah, Advocate Supreme Court instructed by Wajid Hussain, Advocate-on-Record for Respondent (in Cr. Appeals Nos. 39 and 40 of 1969). Saeedur Rahman Khan, Advocate Supreme Court instructed by Abdul Razzaque, Advocate-on-Record for Respondent (in Cr. Appeal No. 41 of 1969). Date of hearing : 17th November 1971. JUDGMENT SALAHUDDIN AHMED, J.-These three appeals are from three orders of the erstwhile High Court of West Pakistan, Lahore, and they are now being disposed of under one judgment. Appeals Nos. 39 and 40 are against Rasool Bakhsh. Appeal No. 63 is from a Full Bench decision of the High Court which answered the two questions referred in it in the following manner: (i) That an investigation by the Police commences with the first step taken by the Police Officer towards the entertainment of the offence and the culprit thereof, and (ii) the statement by an accused of the commission of an offence of criminal misconduct, on being halted by the Magistrate is not admissible in evidence as the…