MUHAMMAD ANWAR vs State Ss — 2022 YLRN 166 KARACHI-HIGH-COURT-SINDH

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MUHAMMAD ANWAR VS State Ss. 9(a)(iv) & 10--- Misuse of authority and embezzlement--- Appreciation of evidence---Sentence, reduction in---Accused was charged that he in connivance of deceased accused persons had managed the allotment of government land in his favour and caused loss to government exchequer to the tune of Rs. 23,550,000/----Prosecution evidence showed that the subject land being within the limits of the Municipal Committee, was not available to be granted permanently under Land Grant Policy, 1989---Application of the accused submitted to the Chief Minister for relaxation had no date on it nor the directives of the Chief Minister had any date, which itself spoke volumes about its non-genuineness---Relaxation letter available on record showed the date 17.05.1993---Record transpired that it was not possible that in one day a hari approached the Chief Minister directly who on the same day relaxed the policy and such routed among the revenue officials and payments were made in the Bank on the same day---Furthermore, as to how would the accused, who was allegedly poor hari, arranged such money within such a short period of time---Accused did not deny that he sold out some portion of the land to different people for industrial purposes---Land was granted to the accused in the year 1993 and he sold out the same in the year 2004 and 2005 hence he had violated the condition of the Land Grant Policy 1989---Circumstances established that the prosecution had proved its case beyond a reasonable doubt against the accused by producing reliable, trustworthy, and confidence-inspiring oral as well as documentary evidence--- High Court maintained the conviction, however, there were violations of the Land Grant Policy, 1989 and if the said conditions were not violated then the case could be on different footings---Main accused (Revenue Officials), who violated the policy while granting the land to the accused, were already dead and only the accused was facing the trial and the loss of approximately Rs. 2.5 crores was not exorbitant keeping in view NAB's mandate to prosecute mega corruption cases of billions of rupees---Sentence was reduced/altered from ten years to seven years, in circumstances---Appeal was disposed of in the said terms.

MUHAMMAD ANWAR vs State Ss — 2022 YLRN 166 KARACHI-HIGH-COURT-SINDH

Case information

Judgment text as reported