Before Ellis and Ispahani, JJ.
Sk. ANWAR ALI – Accused-petitioner
CROWN – Opposite Party
Criminal Revision case No. 2 of 1949 decided on 18th November, 1949.
Prevention of Corruption Act, (II of 1947) S. 6 – Sanction by competent authority actually given before cognizance of offence but not in fact produced until after conviction and appeal by accused – Conviction set aside.
Cognizance of an offence under section 161 Pakistan Penal Code read with section 5(2) of Act II of 1947 (Prevention of Corruption) was taken on 8th March, 1948 but sanction for prosecution required by section 6 of the Act was not produced until after appeal by accused after conviction the record showed that sanction had in fact actually been given on 27th February, 1948.
Held, that under section 6 of Act II of 1947 the previous sanction was necessary in respect of an offence punishable under section 161 of the Code and that there was no alternative but to set aside the conviction and sentence.
D.C. Roy and Mohendra Kumar Ghosh, for petitioner.
S. Afzal, Deputy Legal Rememberancer, for Crown.