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Citation: 1971 PCRLJ 959
Court: Sindh High Court
Year: 1971
Decision Date: 1971-02-11
Parties: Aqa Syed ASGHAR HUSSAIN Appellant vs THE STATE
Case cited as 1971 PCRLJ 959
Court Name: Sindh High Court Judge(s): Ghulam Rasool K. Shaikh Title: Aqa Syed ASGHAR HUSSAIN Appellant vs THE STATE Case No.: Criminal Appeal No. 103 of 1968 Date of Judgment:1971-02-11 Reported As: 1971 P Cr. L J 959 Result: Appeal dismissed JUDGMENT JUDGMENT This is an appeal against he judgment of the learned Special Judge (Central), Karachi, convicting the appellant for an offence under section 409, P. P. C./5(2) of the Prevention of Corruption Act (II of 1947) and sentencing him to undergo R. I' for I year and pay a fine of Rs. 10,000 or in default to undergo R. I. For one year, ordering further that the amount of Rs. 7,096 out of the fine if recovered be paid to the Post and Telegraph Department. The appellant was appointed Government auctioner of Telephone District Karachi on 4-6-59 and commissioned to function up to 30th December 1959. In his official capacity he gave public notice of an auction in `fang' daily dated 21-11-59 for auction to tie field on 10-12-59. The auction proceedings were supervised by Mr. Hashmi. The bids of Ismail and Kamil were accepted for Rs. 3,500 and, Rs. 3,596 respectively. According to the rules the ruction-purchasers were required to deposit 25% of the price with the auctioner (appellant) for payment to the department on the following day of the auction and the balance was to be paid within one week. It is said that the bidders had paid the entire amount to the appellant but he failed to deposit it to the department. A telegram. Was…
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