1968 P Cr (PLP)

S. H. Rizvi for Appellant. N K. Jatoi for Respondent. Murtaza Hussain for the State. Date of hearing: 4th November 1965. This is an application in revision under section 439, Cr. P. C. and it supported by. Mr. S. Murtaza Hussain who had appeared on behalf of the State. Applicant Muhammad Amin was found guilty under section 406, P. P. C. by the trial Court on the basis of a private complaint and was sentenced to pay a fine of Rs. 500 or to undergo R. I. for 10 months. His appeal has been dismissed by the Additional Sessions Judge, Nawabshah and hence this application in revision. 2. Facts connected with this prosecution case are that applicant Muhammad Amin was running a. private Urdu School in one evacuee house No. 2B 247 in the village of Mehrabpur. Subsequently this house was transferred to one ziaullah Qureshi in lieu of his claim, on 7-1-60. Applicant was in possession of this house at that time. Allegations against him are that he had removed 5 wooden almirahs from this house and these were secured from his house. Report was lodged with Police but no action was taken in the matter. Ultimately a private complaint was filed and it was subsequently transferred to the Court of Joint Civil Judge and F. C. M., Naushero Feroze who tried the applicant and convicted and sentenced him as stated above. 3. Pleas taken by the applicant were that this house was a Panchayat building and he had been running this school from 1949. He admits to have taken out these 5 almirahs under the instruction of D. I. S. School for Nawabshah District as some pictures of Hindu saints were found painted on them. These were kept in one room and were removed from there due to the visit of Deputy Commissioner on 16-6-62. He has desired to fix those almirahs in the science hall which was then under construction. He has further added that he had kept these almirahs on the open plot of Malik Fateh Muhammad and Police had secured these from there. He had examined some witnesses in defence. 4. Main plea urged before me on behalf of the applicant is that the trial Court could not take congnizance of this offence without the previous sanction of the Custodian Department. Admitted position is, and it has been held by both the Courts below, that the applicant was tenant of the Custodian Department in respect of this property. Section 31 of the Pakistan (Administration of Evacuee Property) Act 12 of 1957 refers to offences as a result of causing damage to evacuee property. It was urged before me that the alleged facts made out an offence as provided under this section as the applicant is said to have removed 5 almirahs and misappropriated or unlawfully brought it to his own use. Section 39 deals with cognizance of offence by Court and it lays down that no Court can take cognizance of any offence punishable under this Act "except on a report in writing of the facts constituting such offence, made with the previous sanction of the prescribed Custodian" Admitted position is that no such previous sanction was obtained from the Custodian Department before this complaint was filed before the trial Court or report was loged with the Police. 5. Even on facts I find that no case is proved against the applicant, for an offence punishable under section 406,P. P. C. He was in possession of this evacuee property and was running private Urdu School for Anjumane Khuddame Qaum which institu?tion has been recognised by the Education Department Government of West Pakistan. He had removed these five almirahs under the instructions of D. I. S. Schools, Nawabshah District because the pictures of some Hindu saints were painted over them.