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Criminal Petition No. 356 of 1984, decided on 27th November, 1984.
(On appeal from the judgment dated 30‑9‑1984 of the Lahore High Court, Lahore in Cr.A.No.1054 of 1977).
‑‑Art. 185(3)‑‑Penal Code (XLV of 1860), 5.409‑‑Prevention of Corruption Act (II of 1947), S.5 (2)‑‑Conviction and sentence imposed by Senior Special Judge upheld in appeal by High Court‑‑No good ground having been made out for interference, leave to appeal refused by Supreme Court.
Qadeer Ahmad Siddiqi, Advocate Supreme Court and M.A. Qadri, Advocate‑on‑Record for Petitioner (absent').
Nemo for the State.
Date of hearing: 27th November, 1984.
‑‑ This is a petition for leave to appeal directed against the judgment, dated 30‑9‑1984 passed by a learner Single Judge of the Lahore High Court, whereby the order of the Senior Special Judge Anti‑Corruption, Punjab, Lahore, dated 12‑12‑197' convicting the petitioner was upheld.
The petitioner, alongwith one Muhammad Maqbool, was posted a Octroi Clerk at Lahore‑Gujranwala Octroi Post, G.T. Road, Lahore. HE was tried on the charge that he had, alongwith Muhammad Maqbool aforesaid, misappropriated Rs.17,500, while the latter had mis appropriated Rs.1, 500 only.
The learned Senior Special Judge found that the charge leveled against the petitioner and his co‑accused was established and, accordingly, convicted both the accused persons under section 409, P.P.C. read with section 5(2) of the Prevention Act II of 1947 sentencing them to undergo R.I. for a period of one year each. The petitioner was also ordered to pay a fine of Rs.20,000, in default whereof to undergo further R.I. for a period of six months, while the co‑accused was imposed a fine of Rs.2,000. The appeal of the petitioner in the Lahore High Court against the said order of the learned Senior Special Judge having failed, hence this petition.
We have heard Mr. Qadeer Ahmad Siddiqi, learned counsel for the petitioner, in support of this petition and after having heard him at some length and considered his submissions we find that no good ground exists for interfering with the finding recorded and sentence imposed by the Senior Special Judge, Punjab, Lahore which was upheld by the Lahore High Court.
This petition, accordingly, fails and is dismissed hereby.
M. I. Petition dismissed.
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