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Constitution of Pakistan (1973) - Art. 185(3) read with Penal Code (XLV of 1860), S. 161 and Preven¬tion of Corruption Act (II of 1947), S. 5(E) Petitioner convicted and sentenced for demanding and accepting illegal gratification Weaknesses and improbabilities in prosecution case pointed out on behalf of petitioner Leave to appeal granted by Supreme Court for further consideration of case. ORDER NASIM HASAN SHAH, J. This petition is directed against the order of a Single Judge of the Lahore High Court, dismissing with some modification in the sentence, the appeal of the petitioner, vide his order dated 8 6 1977. The facts briefly stated are that the petitioner and his co accused Mehraj Din. Canal Patwari, Chak No. 44, Kotla Kahewan, District Sheikhupura, were tried under section 161, P. P. C. read with section 5(2) of the Prevention of Corruption Act (II of 1947?, on the allegation that Meraj Din, who was working as Patwari in the aforementioned Chak, demanded Rs. 100 as illegal gratification for getting some remission of land revenue. According to the case of the prosecution Nazir Ahmad (P. W. 1) had taken a square of land on tender in Chak No. 44 Police Station Mananwala, District Sheikhupura. This land on account of its poor quality was not assessable to land revenue, but had been so assessed. Nazir Ahmad P. W. approached Meraj Din, the then Patwari and asked him for the correction of the Khasra Girdawari so that the land revenue already assessed was remitted. Meraj Din allegedly promised to get remission for Nazir Ahmad, provided he was prepared to pay Rs. 100 as illegal gratification to him. Meraj Din however it is alleged, asked Nazir Ahmad P. W. to pay him the amount through Muhammad Tufail, petitioner herein, who was previously posted Patwari in the office of Deputy Collector, Sheikhupura. Accordingly Nazir Ahmad P. W. contacted the petitioner and agreed to pay the illegal gratification and a day and time,. was fixed for the same. However it was agreed that a sum of Rs. 75 in all would be paid ; Rs. 50 for Meraj Din and Rs. 25 for the petitioner. On a report being made to the Anti Corruption Agency by Nazir Ahmad, a raiding party was organised,…

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