Law:

Section:

Prevention of Corruption Act (II of 1947)--S. 5(2) read with Constitution of Pakistan (1973), Art. 185 (3)-­Appreciation of evidence-Leave to appeal to Supreme Court­ Judgment of High Court not shown to be based on misreading of evidence or as having violated any accepted principle of appreciation of evidence-Conviction maintained.-[Evidence] JUDGMENT MUHAMMAD AKRAM, J.-The ;case ;of the prosecution in brief is that one Abdul Hadi had taken the contract for carriage of cement from Karachi to the Store of the Buildings and Roads at Hyderabad On the 16th of June, 1976 his representative, namely, Munshi Ghulam Hussain delivered 16 trucks of the cement at the Store. But the petitioner and his Mistri Iqbal issued receipts only for 13 trucks and refused to do the same for the remaining three trucks unless they were paid a bribe of Rs. 450 in all. The complainant Munshi Ghulam Hussain reported to the Circle Officer, Anti-Corruption as a result of which a trap was arranged under .the supervision of Mr. Sarang Ram Kela, Mukbtiaxkar and F, C. N. Mu4shi Ghulam Hussain along with Mashir went to the Store where Clerk Ghulam Hussain who happened to be there stopped the mashir at the gate but allowed the complainant to go inside. Munshi Ghulam Hussain then gave the marked notes and the three delivery vouchers for signatures to Abdul Shakoor, petitioner who put them in the pocket of his pant. Just then he saw the Police party and the Magistrate approaching him. He accordingly took out the marked notes from his pocket and passed them on to Clerk Gliulam Hussain who was standing by with instructions to disappear with the money. He was, however, chased by the Magistrate and the Anti-Corruption Police. He was eventually caught and the marked tainted money was recovered from his pocket. The three truck delivery vouchers were also recovered from the pocket of Abdul Shakoor, petitioner. After obtaining the necessary sanction the police sent ' up Abdul Shakoor, petitioner, Clerk Ghulam Hussain and Mistri Iqbal to stand trial for the offence under section 161, P. P. C. read with section 5(2) of Act II of 1947 for accepting bribe of Rs. 450 from Munshi Ghulam Hussain. The learned…

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