Ghulam Nabi Mir vs The State — 1968 PLD 267

Citation: 1968 PLD 267

Court: High Court of Azad Jammu and Kashmir

Year: 1970

Decision Date: 1970-12-31

Headnotes

Case cited as PLD 1968 SC 267

Judgment Text

Court Name: High Court of Azad Jammu and Kashmir Judge(s):Khawaja Muhammad Sharif, Chaudhry Rahim Dad Khan, Khawaja JUDGMENT Reported As: PLD 1971 Azad J & K 118 Result: Reference answered Judgment JUDGMENT MUHAMMAD YUSUF SARAF, J.--Appellant Ghulam Nabi Mir while working as Wasil Baqi Nawees in Hattian is alleged to have embezzled Government money in the sum of Rs, 4,723 between 2nd January and 12th of February 1962. The Special Judge, Muzaffarabad has sentenced him to two years' R. I. and a fine of Rs, 5,000 under section 409, Penal Code. His appeal against this conviction is pending before my brother Mr. Justice Chaudhury Rahim Dad Khan. The conviction appears to have been attacked on the following grounds:-- (1)That the investigation of the case having been conducted in violation of the provisions of section 5-A of the Prevention of Corruption Act, the trial had been vitiated. (2)That the Council Order empowering officers to grant sanction for prosecution of the non- gazetted staff, not having been published in the Government Gazette, was a nullity and the consequent trial and conviction of the appellant was illegal. There being conflicting decisions on the first point and the second point being of considerable importance, my learned brother has referred them to the Full Bench. We have heard Mufti Muhammad Idris the learned counsel the appellant at great length. We have also heard the learned Advocate-General. We would like to record our appeciation for the hard labour…

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