Law:

Section:

Penal Code (XLV of 1860)--Ss. 161, 162 & 165-A---Prevention of Corruption Act (lI of 1947), S.5(2)--­Constitution of Pakistan (1973), Art.185(3)---Leave to appeal was granted by Supreme Court to consider whether the accused could be tried jointly with his co-accused from whom "Charas" was allegedly recovered, for the offence of offering bribe on a different date, and whether the offence of offering bribe could be said to have been committed in the course of the same transaction in which the recovery of "Charas" had been made. ORDER SH. IJAZ NISAR. J.---Leave is sought against the judgment, dated 2-1-1997, passed by the Lahore High Court, Lahore, whereby it dismissed the revision petition filed by Sharafud Din petitioner. 2. The facts, in brief, are that the petitioner, who was Deputy r Superintendent of Police in Anti-Narcotics Task Force, raided a godown at Wazirabad and recovered 6.581 k.g. of Charas. He lodged an FIR at Police Station P.N.C.B. Model Town., Lahore, under Section 9/14, Control of Narcotics, Substances Ordinance, 1995 read with Article 3/4 of Prohibition (Enforcement of Hadd) Order, 1979. The petitioner remained associated with the investigation. The allegations against him are that on 6-4-1995 he offered illegal gratification to the Deputy Director, Anti-Narcotics Task Force, to help the accused persons, which was reported to the Magistrate. Consequently, a raiding party was arranged and outside a hotel in Liberty Market, Lahore, about Rupees One Crore in the form of foreign currency were recovered from the diggi of the petitioner's car. The investigation against the petitioner was carried out for offering bribe to the Member of Pakistan Narcotics Force. A separate challan on account of the said investigation was submitted to the Court of learned Special Judge (Central) for trial under sections 161,162,165 and section 5(2) of P.C.A. 1947, against the petitioner. The petitioner moved an application under section 265-K, Cr.P.C. objecting to the jurisdiction of the Court, inter alia, on the ground that the cognizance for trial under the aforementioned sections could not be taken. The learned Special Judge vide order dated 12-11-1996 rejected…

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