Law:

Section:

  Pakistan Criminal Law (Amendment) Act (XL of 1958), Ss. 6 (S) & 10 (4)-Delegation by Government, of power to sanction prosecution-Does not include power to withdraw prosecution under S. 10(4).   Pakistan Criminal Law (Amendment) Act (XL of 1958), Ss. 6 (S), proviso & 10(4) - Sanctioning authority failing to grant sanction within 60 days-Sanction deemed to be accorded by operation of law-Such sanction cannot be vitiated by subsequent withdrawal of sanction JUDGMENT   A. S. FARUQUI, J.-Choudhry Muhammad Hafiz, a Health Inspector in the Karachi Municipal Corporation, being a public servant, was prosecuted by the Special Police Establishment under section 161, P. P. C. and section 5 (2) of Act II of 1947, in the Court of the Special Judge Karachi (Mr. K. M. Mirza). The challan was put up on the 2nd of February 1961, but it was not accompanied by a sanction as required by section 6(5) of the Criminal Law Amendment Act XL of 1958. The learned Special Judge wrote for such a sanction in terms of the proviso to the aforesaid subsection. This letter was sent on 16th Feb ruary 1961. No sanction was received and as sixty days expired from the receipt of the letter by the Administrator the Special Judge proceeded with the case on 11th May 1961. On that day, he gave the substance of the charge to the accused, and examined 3 prosecution witnesses. Then on 13th May 1961, the Special Judge received through the P. P. a communication from the Secretary to the Administrator of Karachi which contained the following order "In exercise of the powers conferred on him by subsection (4) of section 10, of the Pakistan Criminal Law Amendment Act 1958 (XL of 1958), the Administrator of Karachi is pleased to order that the prosecution in respect of offences punishable under section 161, Pakistan Penal Code for which Chowdhary Muhammad Hafiz son of Chowdhary Muhammad Din, Health Inspector, K. M. C. Karachi, is being tried in the Court of Mr. K. M. Mirza, Special Judge, Karachi, be withdrawn."   A copy of this order was also sent by the Secretary of the Administrator to the I. G.Special Police Establishment and the endorsement contains a statement that…