Law:

Section:

Keywords: Testimony, Defence, Registration Certificate, Place, Information, Prosecution, Registered, Order, Verification, Representative, Validity, Fine, Register, Division, Endorsement, Period, Orders, Fees, Investigation, Enquiry Officer, Proceedings, Possession, Motor Vehicles, Copy, Government Treasury, Conviction, Tax-Payers, Money, Government, Certificate, Office, Exception, Public Servant, Custody, Material Facts, Prevention, Procedure, Imprisonment, Vehicle, Receipt, Consideration Result: accordingly, dismissed JUDGMENT Abdul Salam appellant was convicted under section 409, P. P. C. read with section 5 (2) of Prevention of Corruption Act (Il of 1947) and sentenced to twelve months rigorous imprison ment, with a fine of Rs. 1,500 or in default to further under go rigorous imprisonment for nine months by the learned Special Judge-cum-Enquiry Officer, Hyderabad, camp at Karachi. The appellant against his conviction has preferred this appeal. 2. The facts of the case are that the appellant was working as an Upper Division Clerk and Cashier in the Motor Registration Branch of Traffic Police, Karachi, with the duties to collect taxes and fees in respect of motor vehicles K. A. A., K. A. C., K. A. K and temporary tokens and deposit the same in the Government Treasury. On the 16th of September 1960, the appellant was challaned in the Court of Special Judge-cum-Enquiry Officer Centre, Karachi for misappropriating the sum of Rs. 14,035-5-0 during the period 20th of April 1959, to 16th of July 1960. On the 2nd of February 1961, the complete. challan was received and a reference was made to the Government for the sanction to prosecute the appellant. On the 29th of March 1961; the sanction Exh. No. 9-l; was accorded by the appropriate authority for pro secuting the' appellant for having misappropriated a sum of Rs. 8,908.87 as motor vehicle taxes from different tax-payers vide receipts from the period starting from 20th'of April 1959 to 16th of July 1960. On the 25th of April 1961, an application was moved by the prosecution to split up the cases into six different cases. As a result of merger of Karachi into West Pakistan the cases were transferred to the Special…

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