Law: Pakistan Criminal Law Amendment Act, (XIX of 1948)

Section: 4

Law: Prevention of Corruption Act (II of 1947)

Section: 2

  (a) Pakistan Criminal Law Amendment Act (XIX of 1948)   S. 4 and Prevention of Corruption Act (II of 1947)-Special Judge riot competent to withdraw from Magistrate's file a case exclusively triable by him. The Special Judge under the Criminal Law Amendment Act, 1918 can take cognizance of a case on a complaint or on a report by the police and while there are certain cases of which he alone can take cognizance there is no procedure provided and no authority given to him by the Prevention of Corruption Act, 1947 or the Criminal Law Amendment Act, 1948 for withdrawing from the file of any Magistrate a case which in his opinion is triable by him or the facts alleged wherein constitute in his opinion an offence exclusively triable by him.   (b) Trial-   Jurisdiction not lacking in Court to try, case-Fact that case did not come to Court in regular way, does not vitiate trial.   (c) Prevention of Corruption Act (II of 1947)   S. S (2)-Mere want of sanction-No ground for acquittal at stage of taking cognizance.   In a trial for an offence under section 5 (2) of the Prevention of Corruption Act, 1947, want of sanction of the appropriate authority is for the Special Judge, only a ground for refusing to take cognizance. It is not a ground for an acquittal of the accused.   Date of hearing : 11-11-58.   JUDGMENT   B. Z. KAIKAUS, J.-On 11th November 1957, Taqi Ali respondent, Inspector of Central Excise, received information that some persons would be carrying smuggled gold the next day by 5 Up train So on the next day he entered the 5 Up train at Karachi and at Jungshahi he recovered from Jan Muhammad, who is tire applicant before us, arid from his companion named Muhammad Shafi 450 Tolas of smuggled gold. He was accom panied at that time by two Constables Muhammad Shafi and Muhammad Hanif. According to the applicant he prepared no mashirnama. The applicant went to the Railway Police at Jungshahi and lodged a report with the Head Constable of Police to the effect that he had been robbed of his ornaments by three persons one of whom was dressed in khaki like an officer. The Head Constable informed the police at Karachi…