Law:

Section:

Prevention of Corruption Act (II of 1947), S. 5 (2) read with Pakistan Criminal Law (Amendment) Act, (XIX of 1948), S. 5 (5)--- Sanction--for prosecution-Appointing authority personally disinclined to 'accord sanction but granting sanction on instruction from superior officer --- Sanction invalid Trial vitiated ---- Pakistan Criminal Law (Amendment) Act (XL of 1958), S. 6 (5).   JUDGMENT   KHAMISANI, J.-The appellant Sher Muhammad has beers con victed under section 5 (2) of Act II of 1947 by the Junior Special Judge, ,Hyderabad, by his judgment dated 11th March 1960 and sentence to surer rigorous imprisonment for 18 months and to pay fine of Rs. 1,000 or in default to undergo rigorous imprisonment for 12 months more. The appellant has filed this appeal.   The facts of the prosecution case briefly are that the appellant was Head Munshi tothe Deputy Commissioner, at Thatta. Ali Muhammad P. W. 3 required an allotment order in respect of certain shops. The appellant had put an adverse note against Ali Muhammad on 5th May 1956. An approach, therefore, was made by Ali Muhammad to the appellant for a favour being shown to him. The appellant demanded a sum of Rs. 200 as illegal gratification for showing favour to him. Rupees 40 were paid. It was agreed that Rs. 60 more would be paid before the work was done and that after a final order in favour of Ali Muhammad was obtained Rs. 100 more would be paid. Consequently on 29th May 1956, the appellant is alleged to have made a demand for the agreed balance of Rs. 60. The appellant on this very day put a favourable note for Ali Muhammad. On 2-6-1956, Ali Muhammad went up to the D. S. P., Special Police Establishment at Karachi and lodged his first information report Exh. 19. The first informa tion report was lodged at Karachi because by that time the appellant had been posted as Head Accountant at Karachi for the purpose of separating the Treasuries of District of Thatta and Karachi. The amount of Rs. 60 was also agreed to be paid at Karachi. Consequent upon the first information report lodged by Ali Muhammad, a trap was arranged. It was laid at 5-30 p.m. on 2nd June 1956 at the shop of Muhammad Ismail in…