Case Details

Citation(s)
1968 SLG 316 1968 SLD 316 = 1968 PCRLJ 1037
Sindh High Court
Criminal Appeals Nos. 491 of 1964 Criminal Reference No. 205of 1945, 24th November, 1966
KADIR NAWAZ S. AWAN, J

Muslim Ali And 3 OthersVSThe State --Respondent

Law: Prevention of Corruption Act, 1947

Section: 5(2)

Law: Pakistan Penal Code (XLV of 1860)

Section: 109,21,

Keywords: Prosecutor, Evidence, Prevention, Plea, Abetment, Promotion, Prosecution, Discretion, Fine, Judgment Of The Trial Court, Notification, Tenders, Place, Procedure, Conspiracy, Conviction, Government, Outside Pakistan, Sanctions, Trial Court, Bona Fide, Enhancement, Guilty, Illegal, Imprisonment, Division, Offences, Office, Custody, Defence, Grounds, Inquiries, Order, Appointment, Investigation, Executive, Practice, Orders, Same Offence, Public Servant, Development Authority, DirectorResult: Appeals dismissedJUDGMENT Appellant Muslim Ali, former Executive Engineer, Stores Division, Karachi Development Authority at Karachi was tried for various offences in three separate cases along with three different contractors. In Special Case No. 30/64 which has given rise to Criminal Appeal No. 491/64, he was found guilty under section 5 (2) of the Prevention of Corruption Act, 1947 and was sentenced to undergo R.I for 6 months and also to pay a fine of Rs. 1,200 or in default to undergo R. I. for 6 months more. His co-accused M. Ahmed of Messrs friends Corporation Karachi was convicted under section 5 (2) of the Prevention of Corruption Act read with section 109, P. P. C. and was sentenced to till rising of the Court and also to a fine of Rs. 1,200 or in default to suffer R. I. for 6 months. No appeal has been filed by Ahmed. Criminal Appeals Nos. 3/65 and 63/65 arise out of Special Case No. 169 of 1963. Appellant Muslim Ali was found guilty under section 5 (2) of the Prevention of Corruption Act, 1947 and was sentenced to undergo R.I for 6 months and also to pay a line of Rs. 800 or in default to suffer R. I. for 6 months more. His accomplice Zabid Ali of Zahid & Co., Karachi was found guilty of abetment of this offence under section 5 (2) of the Prevention of Corruption Act and was sentenced to till rising of the Court and also to pay a fine of Rs. 800 or in default to suffer R. 1. for six months more. In the third case (Special Case No. 170/63) Muslim Ali was found guilty of the same offence under section 5 (2) of the Prevention of Corruption Act, 1947 and was sentenced to undergo R. 1. for 6 months and also to pay a fine of R.s. 2,500 or in default to…
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