Law: Pakistan Criminal Law Amendment Act (XL of 1958)

Section: 6(5)

  (a) Pakistan Criminal Law (Amendment) Act (XL of 1958),   S. 6 (5)-Sanction for prosecution-Mere fact that sanction being not in proper form or does not contain full particulars-Cannot lead to conclusion that no sanction was given.   (b) Pakistan Criminal Law (Amendment) Act (XL of 1958),   S. 6(5)-Sanction for prosecution-Question whether sanction was granted after full satisfaction of sanctioning authority-Cannot be decided without examining sanctioning authority-Special Judge not recording evidence of parties nor giving opportunity to prosecution. to prove that sanctioning authority was posted with all material facts before giving sanction-Acquittal of accused for want of "proper sanction", held, cannot be sustained in circumstances.   Gokulchand Dwarkadas Morarka v. The King P L D 1948 P C 11 ref.   (c) Pakistan Criminal Law (Amendment) Act (XL of 1958)   S. 6 (5)-Government servant-Prosecution of, for offences under S. 420, P. P. C. and S: 5(2), Prevention of Corruption Act (II of 1947)-Withdrawal of case-Sanctioning authority can move for withdrawal of case even after giving sanction for prosecution.     Date of hearing : 22nd June 1964.   JUDGMENT   WAHIDUDDIN AHMED, J.-This Criminal Acquittal Appeal under section 417, Cr. P. C. is from the judgment of Syed Ahmed Mehmood Ghaznavi, Special Judge, Government of Pakistan, Quetta, dated the 29th September 1962. By this judgment the learned Special Judge acquitted, Malik Riaz-ur-Rehman, the respondent, on the ground that no proper sanction for his pro secution was given by the sanctioning authority.   Briefly, the facts leading to the present appeal are that in the year, 1960, the respondent, who was Presentation Organizer in Radio Pakistan, in his capacity as a public servant, was alleged to have committed an offence of cheating. It is alleged that on his transfer from Rawalpindi to Quetta he had made misrepresentation on or about 30th November 1960, to the effect that he had paid Rs. 151/10/(Rupees one hundred fifty-one and -ten annas) on account of the railway freight charges for the luggage on his transfer by producing false railway…