Law:

Section:

Ehtesab Act (IX of 1997)---.--- ---.---Ss. 3 & 4---.---Corruption and corrupt practices, offence of---.---Charge against accused (Minister) was that he had allotted plot to co-accused at throw away price during imposition of ban on its allotment---.---Summary for allotment floated by Department concerned to Chief Minister was routed through accused Minister---.---Noting of the summary by accused Minister was that Chief Minister might relax ban as same was causing hardship to people---.---Order of Chief Minister for allotment of plot to co-accused at reserved price---.---Effect---.---Such noting was not tainted with malice, but was in general terms and was not specifically meant for plot in question---.---Chief Minister had allotted plot and fixed reserve price---.---Nothing was available on record to show that accused Minister had either obtained any material and pecuniary gain by such allotment or acted with intention to achieve wrongful gain for himself or with purpose of causing loss to exchequer---.---Co-accused had already been acquitted---.---No loss had been caused to exchequer as co-accused had surrendered plot---.---Accused Minister was acquitted of the charge in circumstances. Pir Mazharul Haq and others v. The State through Chief Ehtesab Commissioner, Islamabad PLD 2005 SC 63; Mir Munawar Ali Talpur v. State through Chief Ehtesab Commissioner, Islamabad and 2 others PLD 2003 SC 46; Ramesh M. Udeshi v. The State 2005 SCMR 648; Shafi Muhammad Sehwani and another v. The State 2004 SCMR 1178 and Malik Mughal Khan Noor v. The State 1969 SCMR 457 rel. THIS JUDGMENT DELIVERED BY: MUHAMMAD MOOSA K. LEGHARI, JUSTICE:---.---- This statutory appeal is directed against the judgment dated 5-11-1998 passed by Sindh High Court Ehtesab Bench in Ehtesab Reference No.6 of 1997, whereby the appellant was convicted under section 4 of the Ehtesab Act, 1997 to undergo R.I. for two years plus fine of Rs.10,00,000. (Rupees Ten Lacs). In case of default in payment of fine the appellant was to suffer R.I. for six months more. 2. Briefly stated the facts forming the background of the case are that while holding the public office as Minister for Housing and Town Planning,…

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