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Criminal Appeal No. 32 of 1981, heard on 3rd November, 1984

---S. 161- Prevention of Corruption Act (II of 1947), S. 5(2)--Lack of jurisdiction of trial Court--Effect--Person not being qualified to be appointed as Senior Special Judge, Anti-Corruption, trial conducted by him, held, was illegal--Since there was no legal trial, therefore, question of acquittal/conviction did not arise--De novo trial in circumstances ordered.

Mahmoodul Hassan v. The State 1984 P Cr.L J 1107 rel.

Sh. Nisar Qutab for Appellant.

Altaf Muhammad Khan for the State.

Date of hearing: 3rd November, 1984.

This Criminal Appeal arises from the judgment of the learned Senior Special Judge, Anti-Corruption, Lahore whereby he on 10-1-1981 convicted Mushtaq Ahmad appellant under section 161, P.P.C. read with section 5(2) of the Prevention of Corruption Act 1947 and sentenced him to 1 years' R.1.

2. Since after hearing the learned counsel for the parties I feel inclined to set aside the conviction and sentence of the appellant on the ground of the lack of jurisdiction of the trial Court to try the case, I need not enter into merits of the case.

3. Learned counsel relied on case of Mahmoodul Hassan v. The State reported as 1984 P Cr. L J 1107, to contend that Mr. M.Anwar Shariq, learned Senior Special Judge, Anti-Corruption, Punjab, Lahore being not qualified to be appointed as a Special Judge the trial conducted by him was illegal. Following the case law referred to by the learned counsel, I set aside the conviction and sentence of the appellant.

4. Since there was no legal trial therefore, the question of the acquittal /conviction of the appellant does not arise and the case has to be re-tried de novo by the Senior Special Judge Anti-Corruption, Lahore. Order accordingly.

S. A. De novo trial ordered.

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