Law: Prevention of Corruption Act (II of 1947)

Section: 5(2)

Law: Criminal Procedure Code (V of 1898)

Section: 561

Law: Penal Code (XLV of 1860)

Section: 161

(a) Anti-Corruption Laws Amendment Act (XII of 1965) Not retrospective in effect. (b) Prevention of Corruption Act (II of 1947) S. 5(2) [as amended by Anti-Corruption Laws Amendment. Act (XII of 1965), Sch.]-Accused, employee of a Public Corporation, alleged to have committed 9feuces at time when not a "public servant" for purposes of Act, held, could not be prosecuted under Act for an act which could not be dealt With under relevant law when committed. (c) Criminal trial--- Corruption case-Sanction for prosecution Sanction once refused by competent Authority-Cannot be reviewed subsequently. The State v. Mohammad Ismail 1968 S C M R 367 rel. (d) Criminal Procedure Code (V of 1898) S. 561-A-Quashment of proceedings-F. I. R. and written report lodged by complainant, disclosing name of accused other than petitioner's and prosecution not proving that petitioner in fact was same accused as named in F. I. R. nor holding identification test to establish identity of peti tioner as accused-Prosecution using all resources to obtain conviction of accused-Proceedings quashed in circumstances-Penal Code (XLV of 1860), S. 161 and Prevention of Corruption Act (II of 1947), S. 5(2). Date of hearing : 6th November 1970.   JUDGMENT This is a petition filed under section 561-A read with section 439, Cr. P. C. filed by one Syed Ziaul Hassan Zaidi, which seeks to quash pending proceedings under sections 420/46 (g), and 161, P. P. C. read with section 5(2) of the Act II of 1947, in Case No. 62 of 1965 (State v. Dilawar 9han and another) in the Court of Special Judge-cum-Enquiry Officer, Hyderabad, Sind Camp at Karachi. 2. Briefly the facts are that on 22-2-1965 one Hassan Abbas filed a written report before the Police at Karachi against Tabarukullah, Badrul Hassan Zaidi and Dilawar Khan, alleging that they in conspiracy with each other cheated him of Rs. 1,000 by making bogus allotment of two quarters of K. D. A, from which later on he was evicted by K. D. A. as allotment orders were forged by Badrul Hassan Zaidi and he requested that "thorough probe be conducted and appropriate action taken against all the three persons for obtaining Rs. 1,000 fraudulently…