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Pakistan Criminal Law (Amendment) Act (XXVIII of 1958)------   ----Sch. (b) & S. 6 (5)-Accused, public servant at time of alleged com mission of offence but ceasing to be so at time of trial-Prosecution under Act not invalid-Public servant committing offence of cheating under S. 420, P. P. C.-Cannot be said to be acting in discharge of his official duty-No sanction for prosecution necessary.   Hamid Sadiq v. The State P L D 1960 S C 351 rel. JUDGMENT   Sikandar Khan was sent up for trial for an offence under section 420 of the Pakistan Penal Code on the allegation that he, on the 19th of June 1949, at the time of his re-employment, as a refugee from India, in the office of the Deputy Commissioner, Sialkot, had wrongly given his date of birth as the 4th of September 1898, and his education up to the Matriculation.   When the service record of Sikandar Khan arrived from India, it was found that hisdate of birth recorded therein was the 1st of September 1889, and his education up to the Matriculation standard. It was on the basis of these entries that Sikandar Khan was accused of having cheated the Government by remaining in service beyond his actual date of superannuation. The case against Sikandar Khan was sent up to Court on the 7th of January 1959 and was dealt with by Captain M. A. Majid, P. S. C., Special Judge, Sialkot. By his order dated the 10th of October 1960, the learned trial Judge discharge the accused. This order of discharge was not passed on merits but on the ground that Sikandar Khan having retired from service on the 3rd of September 1953 he could not be prosecuted on the basis of a sanction for prosecution granted on the 14th of December 1953. In arriving at this conclusion, the learned trial Judge, relied on a decision of the Supreme Court of Pakistan in Hamid Sadiq v. State (PLD 1960 SC 351). Against the order of the learned trial Judge the State has presented this petition for revision with a view to having the order of discharge set aside.   Learned counsel for the petitioner contended that the decision of the Supreme Courtof Pakistan on which reliance was placed by the learned trial Judge was not applicable.…