2010 PLP 1718 (MLD)

KHILJI ARIF HUSSAIN, J.

On 1-12-2008 after hearing the learned counsel for the parties by a short order Criminal Accountability Acquittal Appeal bearing No.03 of 2008 for the reasons to be recorded later was dismissed. Unfortunately reasons in the matter could not be recorded as one of the members of the Bench is not available and now the undersigned has been asked to record the reasons by the Hon'ble Chief Justice. Brief facts to decide the appeal are that Respondent No.1/Accused No.1 purchased 30 acres of land bearing Entry No.67 of Village Form No.VII/A in Naclass 30 Deh Nagan, Tapo Soongal. District West Karachi at the rate of Rs.1,80,000 per acre from the legal heirs of Mullah Pir Muhammad in consideration of Rs.54,00,000 subsequently got it changed into 330 acres fraudulently and with connivance and collaboration of the co-accused Ghulam Raza Rind now expired and co-accused Ghulam Haider Kalwar, Respondent N6.2. Vide Order No.3565 dated 8-5-1994 as entry No.67 was recorded in the record of right irrespective of 30 acres of agricultural land allotted by Deputy Collector District Thatta in Naclass 30 Deh Nagan Tapo Songal District Thatta and now District 'West Karachi to one Mullah Pir Muhammad son of Khabbar Khan Brohi on permanent tenure at the rate Rs.20 per acre. It was alleged that after purchase of the land by the respondent No.1 in total sale consideration of Rs.54,00,000 with collaboration of Malik Dost Muhammad who misused his authority another copy of the record of right in respect of land in question was issued in which he had deliberately with mala fide intention reflected the area as 330 acres of land and issued a fake extract dated 28-01-1995 in favour of the accused No.1. On the basis of these allegations that accused No.2 Ghulam Rind now expired holder of public office with connivance and collaboration with accused No.1, who misused his authority to benefit to co-accused No.1, and wilfully to exercise his right to prevent grant undue plans which they could have prevented by exercising their authority and committed offence, corruption and corrupt practices as defined in subsection (vi) read with subsection (xii) of section 9(A) of NA Ordinance, 1999 read with sections 468 and 471, P.P.C. punishable under section 10(a) of NA Ordinance, 1999. On the basis of reference following charge was framed against respondent No.1/accused No.1, which I would like to reproduce: ..."That you accused No.1 Adam Jokhio had purchased a land mreasuring 30 acres bearing Entry No. 67 of village Form No.VII/A in Naclass 30 Deh Nagan, Tapo Sonngal previously District Thatta now District West Karachi at the rate of Rs.1,80,000 per acres from the legal heirs of Mullah Pir Muhammad in consideration of Rs.54,00,000 paid through cheques and bank drafts in the year, 1994/95. That you accused Nos. 2 and 3 are charged that you were holding a public office and were working as Assistant Mukhtiarkar and Supervisor Tapedar of District West Karachi, provided you facility to manipulate in the Revenue Record and you all committed a fraud by changing 30 acres of land to 330 acres and the same record was entered in revenue record under Entry No.32 and you both the accused Nos. 2 and 3 provided benefit to accused No. 1 of Rs. 150 million by changing the record of light of revenue and you both the accused Nos. 2 and 3 issued your authorities dishonestly, fraudulently manipulated the record of rights/revenue record and failed to exercise your duty. That you accused No.1 are further charged that in conspiracy, connivance and collusion with the accused Nos. 2 and 3 illegally prepared the Revenue Record and you all the accused committed the offence of corruption and corrupt practice by cheating the revenue record and thus you all have committed the offence defined in subsection (vi) read with subsection (xii) of section 9(a) of NA Ordinance, 1999" After recording evidence following points were framed for determination:-- Point No.1 Whether accused Haji Adam Khan Jokhio had purchased a land measuring 30 acres bearing Entry No.67 of Village Form VII-A in Naclass 30 Deh Nagan, Tappo Soongal previous District Thatta now Karachi West in consideration of Rs.54,00,000 i.e. Rs.1,80,009 per acre, paid through cheques and hank drafts, from the legal heirs of Mullah Pir Muhammad, in the year, 1994-95. Point No. 2 Whether accused Ghulam Haider Kalwar and deceased accused Ghulam Raza Rind being holders of public office, misused their authority and in connivance with accused No.1 Adam Khan Jokhio manipulated the revenue record by changing 30 acres of land into 330 acres and recorded such bogus Entry No.32? Point No.3 Whether due to illegal acts of accused Nos.2 and 3 accused No.1 Adam Khan Jokhio drew benefit of Rs.150 million by changing the, record of right of revenue and thereby caused loss to the National Exchequer?" After framing of points and hearing the learned counsel for the parties, learned Judge of Accountability Court No.1 gave an elaborate judgment and decided point Nos. 1 and 2 in negative and point No.3 is decided as not proved and the respondents were acquitted of the charge under section 265-H(i), Cr.P.C. Mr. Muhammad Aslam Butt, DPGA, NAB, for the appellant, Mr. Muhammad Ashraf Kazi for respondent No.1., Mr. Muhammad Shafi Rajput for respondent No.2. Mr. Muhammad Aslam Butt, DPGA, NAB, for the appellant, vehemently argued that by manipulation in record of right land owned by respondent No.1 was shown as 330 acres as against 30 acres of land actually purchased by him from the legal heirs of Mullah Pir Muhammad son of Khabbar Khan Brohi. Respondent No.1 acquired illegal benefit of excess land of 300 acres worth Rs.1.5 million approximately. It was argued by the learned advocate for the appellant that the respondent causes huge loss to government exchequer by their act of manipulation. After going through the record, we inquired from the learned DPGA to satisfy us whether respondent No.1 is in possession of 330 acres of land as alleged as against 30 acres of land, which he purchased. Learned DPGA requested for a time and matter was adjourned to 1-12-2008. The learned DPGA made a statement that land in question is lying vacant, and is not in possession of anyone of the respondents and further no third party interest has been created on it. On behalf of respondent No.1 a statement has been made that respondent No.1 is not claiming any interest in respect of 30 acres of land for which it was alleged that by manipulation of forged entry same was shown as 330 acres of land. P. W.24 Abdul Ghafoor in his cross-examination stated that he has never seen any agreement between his mother and respondent No.1 that he has no concern with the agreement whether of 30 acres or 330 acres. The appellant failed to point out any mis-reading or non-reading of evidence and accordingly listed appeal has no merit. Dismissed in limine. These are the reasons for short order, dated 1-12-2008. H.B.T./S-61/K Appeal dismissed.