Case Details

Citation(s)
2001 SLG 2717 2001 SLD 2717 2001 PLD 487
Lahore High Court
Criminal Appeal No. 353 of 1987, decided on 18th May, 2001. DATE of hearing: 14th May, 2001
1JAZ AHMAD CHAUDHRY, J
Muhammad Shan Gul for the State. Muhammad Iqbal Bhatti for
Respondents

THE STATE

VS

MUHAMMAD ARIF and others

Law:

Section:

Penal Code (XLV of 1860)-------Ss.409/420/468/471/218---Prevention of Corruption Act (II of 19471, S.5(2)---West Pakistan Foodstuffs (Control) Act (XX of 1958), Ss.3/6--­Criminal Procedure Code (V of 1898), S.417(1)---Appeal against acquittal--­Sufficient evidence was available on record against the accused but Trial Court without- framing the charge and without affording any opportunity to the prosecution to prove its case acquitted the accused on an inquiry which was not legal---Trial Court was not empowered to hold such inquiry and to consider the statement of an Assistant Director Food without recording the same and without affording an opportunity to the prosecution to cross­-examine him---Impugned of acquittal was based on flimsy grounds and had been passed by Trial Court against law and facts of the case and the same was not sustainable in law as the prosecution had been deprived of the opportunity to prove the guilt of the accused by producing the evidence which was sufficient to connect the accused. with the commission of the crime---Judgment acquitting the accused was set aside in circumstances and the case was remanded to Trial Court for re-trial in accordance with law giving full opportunity to the prosecution to prove its case against the accused. Warner Brothers v. Imtiaz and others 2000 PCr.LJ 752; Shaukat Ali v. Rana Muhammad Ashfaq and others 1992 ALD 243 and Zaheer-ud-Din v. Khushi Muhammad and 6 others 1998 SCMR 1840 ref. JUDGMENT This is a State appeal under section 417, Cr.P.C. against the acquittal of the respondents vide order dated 18-10-1986 passed by the learned Senior Special Judge, Anti-Corruption, Punjab, Lahore, by which he instead of framing the charge acquitted the accused in case F.I.R. No. 14 of. 1986 dated 31-5-1986 registered under sections 409, 420, 468, 471, 218 P.P.C. read with section 5(2)/47, P.C.A. and 3/6 of Foodstuffs Control Act, 1958 with Police Station DACE, Punjab, Lahore. 2. The brief facts of the prosecution case are that the Director Food vide his letter dated 23-4-1986 directed the District Food Controller, Sahiwal to despatch a quantity of 3088.1 M.Tons of wheat from P.R. Centre, Noorpur to P.R. Centre,…
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