Law: Pakistan Criminal Law Amendment Act, (XIX of 1948)

Section: 5(5)

(a) Sanction for prosecution--- ----Granted under belief that sanctioning authority was bound to accord sanction if in its opinion there was a prima facie case-Sanction invalid­ Pakistan Criminal Law Amendment Act (XIX of 1948), S. 5 (5). Where the sanctioning authority was suffering under an erroneous notion of its function, i.e., that it was bound to accord sanction if the. evidence disclosed a prima facie case Held, that such a sanction was based upon a miscon­ception of law and was invalid. The sanctioning authority is not concerned merely to see that the evidence discloses a prima facie case. It would be within its functions if it refused sanction as inexpedient in circumstances of the case. A sanction given under a misconception of the sanction­ing authority's function in granting sanction was not of a nature contemplated by law. Tufail Muhammad v. The Crown P L D 1954 Lah. 37 ,and Gokalchand Dwarkadas Morarka v. King P L D 1948 P C 11 ref. (b) Corruption case---- -----Trap witnesses-Evidence requires careful scrutiny. It is a rule of prudence that the testimony of witnesses, who lay a trap for a person by inducing him to commit a crime, e.g. accept a bribe, requires careful scrutiny. [Evidence of witnesses who appeared to be habitually helping the police in anti-corruption cases was discounted in circumstances of the case.] JUDGMENT AKHLAQUE HUSAIN, J.-------This is an appeal against the order, dated the 4th of December 1956 of Ch. Qadir Bakhsh, Special judge, convicting the appellant Muhammad Nazir under section 5, subsection (2). of the Prevention of Corruption Act and sentencing him to one year's rigorous imprisonment and a fine of Rs. 200 or in default to a further period of three months' rigorous imprisonment. At the relevant time Muhammad Nazir was in the employ of the Municipal Committee Chawinda, in the district of Sialkot, as Octroi Sadar Muharrir-cum-Inspector. P. W. 4 Muhammad Ishaq was working under him as an Octroi Muharrir. Muhammad Ishaq was arrested some time in July 1955, on account of the alleged recovery of some illicit opium from his possession. Thereupon the Municipality, by a resolution dated the 28th of July 1955, dispensed with…

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