SARDAR BUX vs State S — 2023 PCrLJ 1227 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2023 PCrLJ 1227 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2023
Reporter: PCRLJ
Parties: SARDAR BUX vs State S
Subject matter: Criminal
Provisions referred to: S. 497---P; S. 5---S; S. 161; Penal Code (XLV of 1860); Corruption Act (II of 1947)

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

SARDAR BUX VS State S. 497---Penal Code (XLV of 1860), Ss. 161 & 34---Prevention of Corruption Act (II of 1947), S. 5---Sindh Enquiries and Anti-Corruption Rules, 1993, R. 11---Public servant taking gratification other than legal remuneration in respect of an official act---Corruption---Registration of cases---Bail, refusal of---Scope---Prosecution case was that the accused persons were transporting wheat from Sindh province to Punjab province after receiving illegal gratification despite the fact that the government had issued a ban on the transport of wheat from Sindh to Punjab---All the accused persons were attributed a role and a set amount received by them as bribe was also available on record---Sufficient evidence was available on record to connect them with the alleged offence---Prosecution witnesses in their S. 161, Cr.P.C. statements had fully implicated the accused persons with the commission of alleged offence---Contention of accused was that no permission was obtained to register the case and that the Magistrate had not accompanied the raiding party, High Court observed that in view of R. 11(2) of Sindh Enquiries and Anti-corruption Establishment Rules, 1993, a permission to register case against a public servant was not required if he was caught red-handed in the commission of the offence---Magistrate was although unavailable during the proceedings, however, he was replaced by Deputy Director Anti-Corruption Establishment being a gazetted officer of the establishment--- Bail applications were dismissed, in circumstances.

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