Law: Sindh Co-operative Societies Act (VII of 1925)

Section: 65-B

Law: Penal Code (XLV of 1860)

Section: 21

Law: Criminal Procedure Code (V of 1898)

Section: 439

(a) Sind Co-operative Societies Act (VII of 1925)  S. 65-B [as added by Co-operative Societies (Amendment) Ordinance (XVII of 1966)] read with Penal Code (XLV of 1860), S. 21-"Public servant", connotation of --- Alleged offence of criminal misappropriation committed by petitioner in his capacity as Chairman of a co-operative Society in 1960-61-Amendment, making officers of co-operative societies public servants for purposes of S. 21 of Penal Code, however, introduced in 1966 Provisions of Amending Ordinance, not being retrospective in nature, held; would not make petitioner liable as public servant for committing such offence nor amenable' to jurisdiction of Special Judge, Anti-Corruption, in circumstance.-[Interpretation of statutes]. (b) Criminal Procedure Code (V of 1898) S. 439-Revision (criminal)-Special Judge having no jurisdic tion in case against petitioner, not a `public servant' and petitioner for 17 long years facing investigation and criminal proceedings, held without any jurisdiction-Held: Case eminently a fit case for quashing proceedings against petitioner, in circumstances.-[Quashment of proceedings---Jurisdiction]. Date of hearing: 20th August, 1980.                                                                                                                                                                     JUDGMENT The applicant was elected Chairman of Nabisar Union Co operative Services Society by a resolution passed on 2nd September, 1960 in the first general body meeting of the said society. This position has not been denied by the State. In connection with the supply of wheat seed and fertilizer by the Registrar, Co-operative Societies to the said Co-operative Society for distribution amongst the members of the…