Law: Pakistan Criminal Law (Amendment) Act, 1958

Section: 6(5)

Law: Criminal Procedure Code (V of 1898)

Section: 561-A

(a) Pakistan Criminal Law Amendment Act (XL of 1958)  S. 6(5), proviso-Sanction for prosecution-Condition precedent to initiation of criminal proceedings under Act XL of 1958-Provision for according sanction by appropriate Government-Aimed at public servants' advantage-Head of accused public servants' department to consider merits of case and refuse sanction for prosecution if prosecu tion amounts to harassment-Accused's Head of Department in first letter pointing to accused's innocence and nor according sanction -Subsequent sanction sent to Court mechanical one-Head of Depart ment not shown to have applied his own mind to facts of case and to have dealt with facts mentioned in earlier letter-Head of Department not discharging legal obligation to look into entire bundle of facts and to come to his own independent conclusion-Proceedings launched -against accused quashed-Criminal Procedure Code (V of 1898), (b) Criminal Procedure Code (V of 1898) S. 561-A-Quashment of proceedings-Jurisdictional prerequisite either not complied with or complied with in manner rendering it nugatory in eye of law-Very basis for prosecution disappears-Accused, in circumstances, has right to seek quashment of proceedings rather than face vicissitudes of trial.                                                                                                                                                  JUDGMENT The petitioner was a Watch and Ward Inspector posted at the Coal :Dump, Chichoki Mallian in the month of June 1967. On receiving informa tion that coal was being illegally removed from the dump, Mirza Anwar ,.Husain, Joint Director went towards the dump at about 2 a.m. and found that a truck in which coal had been loaded, left the dump with great speed towards Railway Station, Chichoki Mallian. The…