Law:

Section:

Prevention of Corruption Act (II of 1947)--- ----S.5(2)---Penal Code (XLV of 1860), S.161---Constitution of Pakistan (1973), Art.199---Constitutional petition---Taking illegal gratification---Petitioner was caught red-handed at the spot and according to the Trial Court sufficient legal evidence was available on the record to connect the petitioner with the commission of offence--Trial Court, in circumstances had rightly summoned the petitioner to face the trial as it was not mandatory upon the Trial Court to agree with the report of the Police---Opinion of Police was not binding upon the court and could not be given any legal value; and Trial Court while finding it a fit case for trial had summoned the petitioner---Ground taken up by the counsel for the petitioner that petitioner was retired from service after attaining the age of superannuation, was repelled as petitioner was in service when the occurrence took place---Furthermore it was a raid case and tainted money had also been recovered from the possession of the petitioner by the raiding party---Prima facie, the petitioner was guilty of the offence under S.161, Cr.P.C., read with S.5(2) of Prevention of Corruption Act, 1947 and he had been rightly summoned by the Trial Court to face the trial---No illegality having been found in the impugned order warranting interference by the High Court in its constitutional jurisdiction---Constitutional petition being devoid of force, stood dismissed. Ijaz Gillani, for petitioner. Waqas Qadeer Dar, A.A.-G. for Respondents. ORDER IJAZ AHMAD CHAUDHRY, J.--Former requests for short adjournment on the ground that counsel for petitioner has become Additional Advocate-General but this request is turned down because counsel for petitioner was appointed as A.A.-G. many months ago. This petition was admitted for regular hearing on 24-3-2006 and was fixed for 8-11-2006. On 8-11-2006 counsel for petitioner was on general adjournment and matter was fixed for 17-11-2006. On 17-11-2006 counsel for petitioner again was not present and record from the Trial Court was requisitioned for 7-12-2006 but on the said date of hearing counsel for petitioner requests for short adjournment and…