Law: Penal Code (XLV of 1860)

Section: 161

Law: Prevention of Corruption Act, 1947

Section: 3,5A

Penal Code (XLV of 1860), S. 161 and Prevention of Corruption Act (II of 1947), Ss. 3, S, 5 A Complainant informing A. S. I. of Police about demand of bribe by accused A. S. I. Police taking steps towards investigation of offence by arranging trap and consequent arrest of accused before formal registration of case and grant of permission by A. D. M Such investigation not causing any prejudice to accused Trial, held, not vitiated on account of fact that part of investigation of case was not under proper authorisation [Feroz ud Din v. The Crown P L D 1954 Bal. 1 and Abdul Marian v. The State P L D 1958 Kar. 643 overruled].   Ghulam Abbas v. The State 1968 PCRLJ 17 distinguished.   Crown v. Noor Alam P L D 1955 Lah. 667 and Mst. Sadan v. The State P L D 1965 B J 12 fol.   Feroz ud Din v. The Crown P L D 1954 Bal. 1 and Abdul Manan v. The State P L D 1958 Kar. 643 overruled.   Ch. Ghulam Rasool Waraich for Appellant.   Major Wahiduddin for A. G. for the State.   Date of hearing: 20th July 1967. JUDGMENT This is an appeal against the order dated 21 2 1966 of Sheikh Abdul Hamid, Special Judge, Anti Corruption Establish¬ment, West Pakistan, Lahore, who convicted Mehr Khan, appellant under section 161, P. P. C. read with section 5(2), Prevention of Corruption Act, 1947 and sentenced him to one months R. I., and a fine of Rs. 30 and one months further R. I., in default of payment of fine. 2. Briefly stated, the prosecution case is that on 2 8 1962 Muhammad Husain P.W. 6 who is a taxi driver parked his taxi car No. LE 2510 at the taxi stand near Lahore Hotel. The appellant who was working as a traffic constable came up to the stand and after examining the numbers of different taxies parked there, stopped in front of the taxi car of Muhammad Husain P.W. 6 and enquired who the driver of that taxi was. When Muhammad Husain P. W., responded to the inquiry by claiming to be the driver of the taxi, the appellant told him to produce his driving licence and other relevant papers. Muhammad Husain P. W. produced the licence and other papers before the appellant and the latter after turning them over retained the driving licence with himself but…

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