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REAR ADMIRAL (RETD.) SYED HAMID KHALID versus THE STATE

Section 5 (2) of the Criminal Procedure Code (XLV of 1860), Section 21 of the Criminal Procedure Code (V9 1898), Sections 249A, 435 and 439 of the Charity Endowment Act (VI of 1890), Section 4 Evidence Prevention of Corruption Act 1947 The accused, who filed the case under Section 5 (2) of the IPC, filed petitions under Section 249A, CCPC, which were dismissed by the trial court and challenged by the petitioners, who were the Managing Director and Director. Accordingly, a foundation conte claimed that the foundation is not owned by the control, it is being controlled and established by the government, its employees are not public servants, its Cannot be prosecuted under Section 5 (2) of the Anti-Corruption Prevention Act, 1947. The applicants were canceled because of a notification issued by the Federal Government Social Welfare Wing, established under the Charity Endowment Act, 1890, with the permission of the Foundation Government. For example, the Ministry of Defense was tasked with managing the administration and the Foundation's finances during the employment of Chief of Naval Staff Applicants, including applicants / officers under question, Section 21, PPC. Shall be treated as public servants described under section 5 of the Act. (2) The Prevention of Corruption Act, 1947 applied to applicants' cases property advocates from Mangi lawyer