1990 PLP 65 (MLD)

Ali Bux Laghari for Applicant. A.H. Lakho A.-G. for the State. This application for grant of pre-arrest bail by applicant Mohammad Ali Mangi has been filed in case registered under sections 409, 380 and 109 P.P.C read with section 5(2) of Act II of 1947 on the complaint of one Khush Mohammad Laghari on 29-8-1989 by Circle Officer Anti-Corruption Establishment Jacobabad. Khush Mohammad the complainant is a Store Keeper/Incharge of Bulk Sales Depot SASO at Thull, District Jacobabad. He filed a written complaint before the Superintendent of Police Anti-Corruption, Sukkur alleging that on his return from leave on 21-8-1989 he went to all the godowns under his control at Thull and found that the door of godown of Dilmurad broken and Government Stocks of fertilizer missing. Similarly he found the main locks of Godowns of Bashir Ahmed Soomro and Lal Bux Kalhoro were also missing and stocks removed. He found out on enquiry that one Hubdar Ali Employee of SASO and others had lifted the stocks through trucks and shifted there fertilizer stocks to Jacobabad and Khairpur. He also found out that District Agriculture Officer Jacobabad, Mr. Mohammad Ali Mangi had deputed Hubdar Ali for shifting of stocks from Thull to other places during his absence. According to the allegations made in the complaint Hubdar Ali and Assistant District Agriculture Officer in collusion with District Agriculture Officer, Jacobabad and other persons had unauthorisedly taken the stocks from Bulk Sale Depot SASO Thull in his absence and sold out the same and misappropriated the amount. The Department was however not satisfied with the complaint lodged by Khush Mohammad and the higher authorities were approached for transferring the investigation of the case. A team of Officers was then constituted by the Director of Anti-Corruption, Sindh to investigate the case under supervision of Superintendent of Anti-Corruption Establishment, Hyderabad. During the investigation it transpired that fertilizer of the value of Rs.40,00,000 was unauthorisedly taken out from the godowns at Thull and sold in market after illegally shifting the same to Jacobabad and Khairpur. Some of the fertilizer was sold against cash payment while some was sold on credit. The cash proceeds were not deposited in the Government account. At least six commission agents were examined who proved the sale and payment of price to the accused. Balance amount of Rs. 4,00,000 which remained unpaid was recovered from them by the Anti-Corruption Establishment. After the investigation of the case the Anti-Corruption Establishment found that at least 5 persons were involved in this offence including the present applicant and Khushi Mohammad. The applicant and one Hubdar Ali jointly moved an application for their pre-arrest bail before 'the Special Judge (Anti-Corruption) Sukkur which was rejected by his order passed on 5th September 1989. The applicant thus being unsuccessful to seek bail before arrest from the Court of the trial Judge has moved this Court for grant of pre-arrest bail. Mr. Abdul Qadir Halepota the Advocate for the applicant has vehemently contended that there is not an iota of evidence connecting the applicant with the commission of the offence. He further contended that after he was granted interim bail by this Court he has fully cooperated with the Investigating Officers. Investigation of the case is complete by now and report submitted in the Court of Special Judge (Anti-Corruption), Sukkur and his custody is no more necessary. Mr. A. H. Lakho Advocate-General Sindh has contended that the name of the present applicant has appeared in the F.I.R. and at least 6 different commission agents who had actually purchased the stocks of fertilizer have implicated the present applicant and an amount of Rs. 4,00,000 being the balance amount due on the stocks purchased by them was recovered from them. Transporters have also been examined and `bilties' covering the shifting of such stocks from `Thull fully established by such documentary evidence. According to him the evidence against the applicant is the extent of abetment of the offence. He further confirmed that the challan has been filed in the Court of Special Judge (Anti-Corruption), Sukkur against the present applicant and four others. This is a case which involves misappropriation of fertilizer of the value of Rs. 40,00,000 belonging to the Government. The applicant in this case is an Officer of District level and incharge of a number of depots at different places within the district containing huge .stocks of fertilizers belonging to the department. The stocks of fertilizers kept in various godowns under his charge can prima facie be taken to have been entrusted to him. The possibility of his being involved in the commission of the main offence cannot be ruled out at this stage. Misappropriation of public funds has indeed taken an alarming proportion and public servants have been squandering such funds with great ease and at their pleasure. Courts in the country are required to take serious note of such a situation and take stricter view while considering grant of bail in such cases. No ground has been made out for the grant of pre-arrest bail to the applicant. I accordingly reject this bail application. It will however be open to the applicant to move the trial Judge before whom challan has been filed and applicant liable to surrender himself before him for his trial in the case. N.H.Q./M-953/K Bail application rejected.