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NAZIR AHMED vs State S — 2022 YLRN 41 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2022 YLRN 41 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2022
Parties
NAZIR AHMED vs State S
Subject matter
Criminal
Provisions referred to
S. 409---B; 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

NAZIR AHMED VS State S. 409---Breach of trust by public servant---Appreciation of evidence---Constitution of offence---Requirement---Prosecution case was that the accused official Sub-Sale Inspector during his posting at depot, misappropriated the government fertilizer and seed/cotton---Mandatory ingredients to constitute offence under S.409, P.P.C. was entrustment and breach of trust---Bunch of documents though had been adduced in evidence, not a single paper showing the availability of alleged stock had been specifically brought on record to prove the same---Fertilizer as well as seeds of different grain was the items which could not be retained for over years and same being the commodity of particular season was to be sold out/supplied and brought for the purpose---No offence had been constituted in circumstances---Appeal was allowed and accused was acquitted by setting aside conviction and sentence recorded by the Trial Court.

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