Citation Name: 2025 YLR 342 KARACHI-HIGH-COURT-SINDHBookmark this Case Nazar Muhammad vs State S

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Citation Name: 2025 YLR 342 KARACHI-HIGH-COURT-SINDHBookmark this Case Nazar Muhammad VS State S. 10---Corruption and corrupt practices---Appreciation of evidence---Financial loss to public exchequer not established---Accused were charged for causing loss to public exchequer of an amount of Rs. 312.5 million by revising the layout of the society, thus committing the offence of corruption and corrupt practices---Plots were sold by appellant/Administrator after advertising as confirmed by other witness---Another witness in his evidence stated that all sales of the plots were done after following all codal formalities---Sale in any event was not done on a pick and chose basis as the sale was through auction following an advertisement---Valuation of the plots was made by a witness/Mukhtiarkar who relied upon a report from a local Tapedar who did not give evidence and whose report was not exhibited---Mukhtiarkar admitted in his evidence that it was not the job of a Revenue Officer to ascertain the market value of the property as such any reliance could not be placed on his valuation of the plots---Thus it could not be concluded that the plots were sold on throwaway prices as no proper market valuation of the plots was made by an expert who was qualified to do the same---In fact the value of the adjacent plots was not even ascertained or a sale deed in respect of such plots ever collected to consider the market prices of the plots nor attempts were made to ascertain the actual market value of the plots as admitted by the Investigating Officer---Prosecution alleged that the plots were allotted to relatives, favorites and kith and kin of appellant/Administrator, however there was no evidence to that effect---All the evidence suggested that all the beneficiaries who purchased the plots were bona fide purchasers for valuable consideration without notice that there was any defect in their title---Investigating Officer himself had conceded in his evidence that no loss was caused to the government exchequer---Beneficiaries also had no criminal intent in buying the plots as they would not have known about any alleged criminality by accused persons in allegedly revising the original plan and converting amenity plots into commercial plots in order to make a profit---Precise plot numbers which the beneficiaries allegedly purchased at throwaway prices were not even put to them during their S.342 Cr.P.C statements nor they were confronted as to whether they were favorites or kith and kin of appellant/Administrator and as such any evidence to that effect was discarded and could not be used to convict them---Appeal against conviction was allowed, in circumstances.

Citation Name: 2025 YLR 342 KARACHI-HIGH-COURT-SINDHBookmark this Case Nazar Muhammad vs State S — 2025 YLR 342 KARACHI-HIGH-COURT-SINDH

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