317/2015 Criminal Appeal MUMTAZUL HAQ S/O LATE ZAHOORUL HAQ (Appellant) V/S THE STATE (Respondent)
Sindh High Court
Bench: Hon'ble Mr. Justice Muhammad Saleem Jessar(Author)
Order Date: 27-SEP-21
Appellant Mumtaz ul Haq has assailed judgment Anti-Corruption(Provincial), under Sections 5-B and 5-C read with section 5(2)of Prevention of Corruption Act (Act II of 1947), whereby the appellant has been convicted and sentenced to undergo R.I. for five years (5)and to pay fine of Rs.5 Lacs to the Government. He purchased a bungalow measuring 600 sq, During his posting at Park and Recreation Department, K.D.A., he got allotted KDA land for Nursery and now he is running Nursery thereon. accused has neither applied for permission to purchase the above property, nor the declaration of assets has been furnished. During the course of enquiry, he failed to prove justification regarding his source of income for the purchase of the above properties. Accused in his statement on oath had given sufficient details regarding the properties and the source from which the same came into his possession. Another serious lacuna on the part of Investigating Officer is that it took almost eight (8) years in submitting challan before the competent Court of law, as admittedly the F.I.R. was lodged on05.7.1997. Apart from above, none of the prosecution witnesses has specifically involved the accused in amassing the properties beyond known sources of his income by misusing his official position /authority and / or indulging in corruption or corrupt practices. Criminal appeal is allowed.Full judgment text for this case is not yet available on Pakistan Law Reports. Check the official Sindh High Court case law portal for the complete order.
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