| Citation(s) |
|---|
| 1981 SLG 3209 = 1981 SLD 3209 = 1981 PCRLJ 937 |
Lahore High Court
Criminal Miscellaneous No. 576-Q of 1980, decided on 6thFebruary, 1981
Presented By: Saeedur Rahman, J
M. M. Ashraf for Petitioners. Karamat Nazir Bhandari, A. A.-G. with Abad Zaheer Qureshi for the State.
Criminal Miscellaneous No. 576-Q of 1980, decided on 6thFebruary, 1981
Presented By: Saeedur Rahman, J
M. M. Ashraf for Petitioners. Karamat Nazir Bhandari, A. A.-G. with Abad Zaheer Qureshi for the State.
AKHTAR ALI SHEIKH AND ANOTHER------Petitioners
VERSUS
THE STATE-Respondent
Law: Penal Code (XLV of 1860)
Section: 21
Rice Milling Control and Development Act (LVII of 1976) Ss. 7, 8, 9 & 10 read with Prevention of Corruption Laws (Amendment) Ordinance (V of 1977)---Public servant-Interpretation of statutes-Employees of Rice Milling Corporation of Pakistan, held, Public servant for all intents and purposes-Trial of such Imployees by Special Judge Anti-Corruption, held further, un exceptionable-Penal Code (XLV of 1860), S 21. Date of hearing : 16th February, 1981. JUDGMENT This is a petition under section 561-A of the Code of Criminal Procedure for the quashment of the proceedings pending before the Special Judge, Anti Corruption, Gujranwala, on the sole ground that the accused, petitioners, being the employees of Rice Milling Corporation of Pakistan, were not public servants. 2. The Rice Milling Corporation was established under section 7 the Rice Milling Control and Development Act, 1976, a central statute. Sections 7, 8, 9 and 10 of the Act are reproduced below:- "7. Rice Milling Corporation of Pakistan.-(1) There shall be a Corporation to be known as the Rice Milling Corporation of Pakistan. (2) The Corporation shall be a body corporate having perpetual succession and a common seal, with power to hold and acquire property, and shall sue and be sued by its name. (3) The Federal Government shall, as soon as may be, appoint the Chairman of the Corporation who shall be the chief' executive thereof and a Board of Directors composed of not more than nine members. (4) The Chairman and the Directors shall hold office during the pleasure of the Federal Government on such terms and conditions as it may determine. (5) The Corporation shall own, manage and direct the affairs of the acquired establishments, and is hereby empowered to set up such new establishments as it…