Law: Prevention of Corruption Act, 1947

Section: 5(2)

Law: Constitution of Pakistan, 1973

Section: 185(3)

Law: Pakistan Penal Code, 1860

Section: 161/162/163/164

(a) Prevention or Corruption Act (II of 1947)--- ----S. 5(2)---Penal Code (XLV of 1860), S.161/162/163/164---Constitution of Pakistan (1973), Art.185(3)---Leave to appeal was granted to examine the validity of the order of the High Court whereby Trial Court's order quashing the case under S. 265-K, Cr.P.C. after having recorded the whole of the prosecution evidence, was confirmed. (b) Prevention of Corruption Act (II of 1947)--S. 5(2)---Penal Code (XLV of 1860), S.161/162/163/164---Appraisal of evidence ---Action of lower Courts giving benefit of doubt to the accused could not be stated to be illogical or perverse---Evidence ex facie did not show that any prosecution witness had ever discussed the matter in question with the absconding accused or had received his affirmation or confirmation that he would issue the licence subject to bribe or favour being paid or shown to him--­Question whether a prima facie case had been made out in circumstances, against the absconding accused had arisen, raising the further question whether trial against the accused by the Special Judge was not without jurisdiction--­Without therefore going into the question whether the action of Special Judge in taking up the application of the accused under S.265-K, Cr.P.C. when the whole of the prosecution evidence had already been recorded, was legal and proper, the appeal was dismissed by Supreme Court. JUDGMENT RUSTAM S. SIDHWA, J: --This is an appeal by Muhammad Shafi appellant against the judgment of a learned Single Judge of the Lahore High Court dated 22-5-1989 dismissing his revision petition. 2. The brief facts of the case are that on 30-9-1977 on the report of Muhammad Shafi, appellant, a case was registered with FIA, Lahore, under sections 161, 162, 163 and 164, P.P.C., read with section 5 of the Prevention of Corruption Act, against Muhammad Younus, respondent No.1, and an absconder, namely, Dr. Naseer A. Sheikh, who was at the relevant time serving as Director-General Health, Government of Pakistan. The case of the appellant was that he was working as Manager of Eastern Trade and Distribution Company, McLeod Road Branch, Lahore, and also as Manager, Nabi Qasim Industries,…

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