1990 SCMR1302 (PLP)
MUHAMMAD AYUB — Petitioner Versus THE STATE — Respondent
| Citation | 1990 SCMR1302 (PLP) |
| Forum / Court | High Court |
| Bench Members | Nasim Hasan Shah and S. Usman Ali Shah, JJ |
| Parties | MUHAMMAD AYUB — Petitioner Versus THE STATE — Respondent |
| Primary Law | Prevention of Corruption Act (II of 1947) |
Q1: What are the key laws and sections cited in 1990 SCMR1302 (PLP)?
This judgment primarily cites: Prevention of Corruption Act (II of 1947) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1990 SCMR1302 (PLP)?
The case was heard and decided by the High Court bench comprising: Nasim Hasan Shah and S. Usman Ali Shah, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1990 SCMR1302 (PLP) (MUHAMMAD AYUB — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Munir Peracha. Advocate Supreme court and Manzoor Ilahi, Advocate-on- Record for Petitioner.
- Date of hearing: 10th January, 1991.
Headnotes / Summary
(From the judgment of the Peshawar High Court, Abbottabad Bench, dated 8-11-1989, passed in Criminal Appeal No.11 of 1989).
S.5(2)
Penal Code (XLV of 1860), S.161
Constitution of Pakistan (1973), Art.585 (3)
Accused had himself admitted the finding of fact', regarding the guilt established against him--Sentence awarded to accused by trial Court being not inadequate had rightly been not interfered with by High Court
Petition for leave to appeal was dismissed in circumstances. Nemo for the State.
Judgment & Decree
S. USMAN ALI SHAH, J.
Muhammad Ayub petitioner a junior arms licence clerk at Abbottabad was, tried by the learned Special Judge Anticorruption, N.-W.FY. Peshawar Camp Abbottabad for the offence under section 161, P.P.C read with S.5(2) of the Prevention of Corruption Act, 1947, for demanding of Rs.350 as illegal gratification /bribe from Abdul Waheed complainant for the issuance of a licence of .12 bore shotgun and as such a trap was laid on 27-11-1986 and in consequence thereof he was arrested and tainted currency notes worth Rs.350 were recovered from his person by the Anti-Corruption staff. The learned Anti-Corruption Special Judge found the accused guilty of the offence, convicted him under section 161, P.P.C. read with section 5(2) of the Prevention of Corruption Act 1947 and sentenced him to one year's R.I. with fine of Rs.500 or in default of payment of fine to suffer further R.I. for one month, vide his order dated 21-6-1989. The accused petitioner filed appeal against his conviction and sentence before the Pe3hawar High Court, Circuit Bench Abbottabad, which was dismissed on 8-11-1989. The petitioner now seeks leave to appeal before this Court. We have gone through the record of the case and findings of the Courts below in the light of the arguments advanced by the learned counsel for the petitioner. We have come to the conclusion that this petition has no merit and needs dismissal straightaway. The accused has himself admitted the finding of facts with regard to the guilt established against him. The sentence awarded to him by the learned Special Judge Anti-Corruption, in our opinion, is not inadequate and has rightly been not interfered by the learned High Court. Thus. We, think it is not a fit case in which leave to appeal can be granted. The petition, accordingly is dismissed. N.H.O./M-1226/S. Petition dismissed