NOOK NABI AGHA vs THE STATE — 1972 PLD 292

Citation: 1972 PLD 292

Court: Sindh High Court

Year: 1971

Decision Date: 1971-12-31

Parties: NOOK NABI AGHA vs THE STATE

Headnotes

Case cited as PLD. 1972 Karachi 292

Judgment Text

Court Name: Sindh High Court Judge(s): Durab Patel, Ghulam Rasool K. Shaikh Title: NOOK NABI AGHA vs THE STATE Case No.:Criminal Appeals Nos. 169 and J-212 of 1971 Criminal Appeal No. 169 of 1971 JUDGMENT Reported As: PLD. 1972 Karachi 292 Result: Appeal allowed Judgment JUDGMENT Dl)RAB PATEL, J.-The appellants have been convicted by the Special Tribunal set up under the Sind Special Tribunal Ordi--nance, 1970 under section 161, P. P. C. Read with section 5(2) of the Prevention of Corruption Act and sentenced "to undergo R. 1. For a pcricd of three years under each of these two sections (the sentences to run concurrently) and to a total fine of Rs. 10,C(0 each only or in default to 9 months' R. I. More." The arpellant boor Nabi Agba has also been convicted under section 420, P. P. C. And sentenced to "R. I. For a further period of two years and to a fine of Rs. 1,000 or in default R. 1. For six months". Both the appellants have filed appeals against their conviction and sentences under section 10 of the Sind Special Tribunal Ordinance and these appeals have now come up for hearing before us. 2. According to the prosecution, on or about 20th May 1957 one Mr. A. H. Baluch, a contractor, obtained by negotia--tions with the Sind University a contract for the construction of the Physics Block of that University at Jamshoro. The work order (Exh. 2/3) was issued to the contractor on 20th May 1957 and a formal contract (Exh. 2/4) was also executed on the same day. During the…

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