Law: Penal Code (XLV of 1860)

Section: 32 & 33

  Police-officer in discharging duty not to take law into his own hands and punish offender.   Queen Empress v. Latif Khan I L R 20 Bom. 394 ref.   Penal Code (XLV of 1860), Ss. 32 & 33-Person, by virtue of his official rank, in position to prevent assault being com mitted Standing by and failing to intervene-Equally guilty.   Criminal Procedure Code (V of 1898), S. 197-Public servant taking law into his own hand and punishing person for act of indiscretion committed by him-Lodging prosecution against public servant for such act-Sanction under section 197 not necessary. Syed Ahmed v. The State P L D 1958 S C (Pak.) 27 ref: JUDGMENT       SATTAR, J.-These two appeals one by Muhammad Hedayet ullah, an Inspector of Land Customs and Central Excise and another by Muhammad Shahid, Custom Sepoy arise out of their conviction under section 325/34 of the Pakistan Penal Code by the Sessions Judge of Rajshahi.   They along with one Sheikh Nurul Huda were placed on trial on a charge undersection 304/334 of the Pakistan Penal Code. The trial was held with the aid of four assessors. Three of them found both the appellants guilty under section 325/34. The 4th assessor opined that appellant Hedayetullah was not guilty and Shahid was guilty under section 325/34 of the Code. All of them unanimously found accused Shaikh Nurul Huda not guilty.   The prosecution allegations against the appellants may be summarised as follows :-   On 27th December 1959, Santiranjan Das, the deceased came to Rohanpur for going over to Maldha (India). While crossing the border at about 5 P. M. he was arrested by the accused persons as he was found to take away with him one hundred-rupee Pak currency note. He was brought to the Customs Office and while Hedayetullah was preparing the seizure report Santiranjan Das stood in front of the table. About that time Santiranjan took up the hundred-rupee note from the table, swallowed it up and then tried to escape but was caught hold of. It is said that in order to make him vomit out the note hot saline water was applied to him but it proved unsuccessful. Other attempts were also made to bring out the note…