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Penal Code (XLV of 1860)--S. 409---Prevention of Corruption Act (II of 1947), S.5(2)---Constitution of Pakistan (1973), Art.185(3)---Petition for leave to appeal---Allegedly misappropriated amount of Rs.56,800 had admittedly been returned by the accused to the c6ncerned official of the Department---No evidence was available on the record to show that the accused had given the said amount to aforementioned official with the intention of causing wrongful gain to himself or wrongful loss to the Government---No case of criminal mis-appreciation was, thus, made out against the accused---Petition for leave to appeal was consequently converted into appeal which was allowed and the accused was acquitted accordingly. Malik Abdus Sattar Chughtai, Advocate instructed by Syed Abul Aasim Jaferi, Advocate-on-Record for Petitioner. Mr. Nasim, Additional Advocate-General for the State. Date of hearing: 13th December, 1995. JUDGMENT MUHAMMAD MUNIR KHAN, J.---This Criminal Petition for Leave to Appeal No.412-L of 1995 directed against order dated 20-8-1995 of the Lahore High Court, Lahore, arises from the facts that a case under section 409 read with section 5(2) of the Prevention of Corruption Act, 1947 was registered against the petitioner and one Farrukh Zubair an official of the Zakat Department in the Provincial Zakat Office, Lahore, alleging that Ghulam Mustafa while posted as Headmaster, Government Middle School, Tamboli, Tehsil Kamokey, District Gujranwala, personally took two forms for the award of scholarship to the two students of his school to the Provincial Zakat Office, Lahore. He met Farrukh Zubair there and presented the forms to him for grant of scholarship to those students. Farrukh Zubair retained both the forms and asked him to provide a list of more students for awarding scholarships. The petitioner then sent a list of 71 deserving students to Farrukh Zubair in October, 1989. After some time he received a cheque of Rs.56,800 issued by the Department which was deposited in National Bank of Pakistan, Kamonkey Branch. Thereafter, Farrukh Zubair told the petitioner that according to the Administrator Zakat, the Middle Schools students were not eligible for the…

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