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Criminal Appeal No.1066 of 1975, heard on 21st January, 1985.
‑‑‑S.161‑‑Prevention of Corruption Act (II of 1947), S.5(2) Sanction for prosecution‑‑Accused working as Rent Clerk in Evacuee Trust Property Board, functioning under Federal Ministry of Rehabilitation and Works‑‑Sanction for prosecution given by Ministry of Interior, States and Frontier Regions Kashmir Affairs, held, not legal‑‑ Conviction and sentence set aside‑‑Accused, however could be proceeded against after obtaining appropriate sanction, if prosecution desired to do so.‑ [Sanction for prosecution].
Atiq Ahmad v. The State 1982 PCr.LJ 815 ref.
Ch. Muhammad Shaukat Tarar for Appellant.
Shah Nawaz Khan for the State.
Dates of hearing: 20th and 21st January, 1985.
This criminal appeal arises from the judgment of learned Special Judge, Anti‑Corruption, Lahore Camp at Sahiwal, whereby he on 21‑11‑1975 convicted Muhammad Siddique appellant under section 161, P.P.C. read with section 5(2) of the Prevention of Corruption Act, 1947 and sentenced him to one year's R.I. and a fine of Rs.500, in default thereof to further R.I. for 3 months.
2. Since after hearing the learned counsel for the appellant, I feel inclined to set aside the conviction and sentence of the appellant on the ground of lack of proper sanction for his prosecution, I need not set out the facts in detail and enter into the merits of the case. I find that the appellant was working as Rent Clerk in Evacuee Trust Property Board, Government of Pakistan, functioning under Ministry of Rehabilitation and Works, Islamabad (as certified in certificate marked 'A') whereas sanction for his prosecution was given by Ministry of Interior, States and Frontier Regions Kashmir Affairs. The sanction for the prosecution of the appellant having not been granted by the appropriate Government the concerned Ministry, was not a legal sanction as laid down in case Atiq Ahmad v. The State reported as 1982 P Cr. L J 815. That being the position, there is no alternative but to set aside the conviction and sentence of the appellant. Order accordingly.
3. Before parting with the judgment, I would like to add that the appellant can, however, be proceeded against in case the prosecution desired to do so after obtaining proper sanction from appropriate authority.
M. A. K. Appeal accepted.
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