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Syed MUHAMMAD ALI SHAH vs State S — 2022 PCrLJN 107 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2022 PCrLJN 107 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2022
Parties
Syed MUHAMMAD ALI SHAH vs State S
Subject matter
Criminal
Provisions referred to
S. 409---P; S. 5; S. 409

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Syed MUHAMMAD ALI SHAH VS State S. 409---Prevention of Corruption act (II of 1947), S. 5(2)---Criminal breach of trust by public servant, criminal misconduct---appreciation of evidence---Benefit of doubt---Prosecution case was that the accused being government employee committed misappropriation of driving licence fee stamps worth Rs. 508,804---Complainant admitted in his cross-examination that it was not possible for the DSP, Head Quarter to order for issuance of driving licence to an applicant unless proper stamp fee was affixed on the application and it was further admitted by him that after passing the order for issuance of the driving licence, the DSP was required to cancel the stamps to render it not useable again---If there was any suspicion that the accused had removed stamps from some test form and reused them thereby causing loss to the Exchequer and making illegal personal gains, then collusion of the Licensing authority could not be ousted as the Clerk of the Driving Licence Branch alone could not do that at his own---If it was alleged that the stamps on the test forms of the successful applicants were not cancelled and were removed with ulterior motive then it would naturally come to mind that why such stamps were not cancelled by the Licensing authority---Complainant admitted that Inspector Stamps of the Revenue Board conducted audit of driving licence Branch every year, however, no adverse report had been placed by him on record---Record transpired that it was not a case where some valuable stamps were entrusted to the accused and the same were misappropriated or lost by him, thus, provisions of S. 409, P.P.C. and S. 5 of the Prevention of Corruption act, 1947, were not attracted---In the present case, the allegation was that some stamps from of the driving licence applications were found missing---If those stamps were cancelled by the Licencing authority i.e. the DSP concerned, then the stamps were worth nothing as the same could not be reused in any manner after cancellation---If the stamps were not cancelled then the Licensing authority was also to be held responsible for such act---admittedly, without affixing proper stamps towards prescribed fee, it was not possible that DSP would pass order for issuance of driving licence, in such case, the blame laid at the door of the Licensing authority as to why he passed orders for issuance of driving licences when no proper fee in the shape of stamps was affixed on the application---accused was not alleged to have issued forged licence without approval of the Licensing authority---appeal against conviction was allowed, in circumstances.

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