Pakistan Case LawNAZIR AHMAD Versus THE STATE
This petition for leave to appeal arises from a conviction for demanding illegal gratification. The petitioner, a Sub-Inspector of a Cooperative Society, was apprehended in a raid supervised by a Magistrate after allegedly demanding a bribe from a cashier to process a loan application. The tainted currency notes were recovered from the petitioner, and the Magistrate testified to hearing the conversation between the petitioner and the complainant. The petitioner’s defense—that the money was intended for deposit into a bank on the complainant's behalf—was rejected by both the trial court and the High Court. The Supreme Court observed that there were concurrent findings of fact by the lower courts and no evidence of misreading of the record. Furthermore, the petitioner failed to allege any ill-will or bias against the Magistrate who supervised the raid. Consequently, the Supreme Court held that the petition lacked merit, affirming the concurrent findings of the lower courts, and refused the leave to appeal.
- Can the Supreme Court interfere with concurrent findings of fact by lower courts in a criminal matter?
- Is the testimony of a raiding Magistrate regarding the recovery of tainted currency sufficient to sustain a conviction for bribery?
ABDUL QADEER CHAUDHRY, J.---The petitioner seeks leave to appeal against the judgment of the High Court dated 8-3-1993.
2.The facts in brief are that the petitioner, while working is Sub-Inspector, Cooperative Society, demanded Rs,1,000 as illegal gratification from Muhammad All Tariq, Cashier of the said society, for preparation of case of grant of loan. A raid under the supervision of Magistrate was arranged and the petitioner was apprehended and the tainted amount was recovered from him. The conversation made by the petitioner with the complainant was also heard by the Magistrate. The complainant examined five witnesses including the complainant and the raiding Magistrate. The plea of the accused was that the complainant P.W.2 was a defaulter in the payment of earlier loan and the amount of Rs,1,000 was handed over to him for depositing the same in the Bank on the complainant's behalf. This plea has not been accepted by the two Courts. The numbers of currency notes had been recorded by the Magistrate and the same currency notes were recovered from the petitioner. No ill-will has been alleged against the learned Magistrate, who supervised the raid. There are concurrent findings of fact by the Courts. There is no misreading of evidence.
This petition has no force. The same is dismissed and the leave prayed for is refused. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.
Judges on this bench
- Abdul Qadeer Chaudhry1,248 judgments
- Saleem Akhtar1,928 judgments