' This criminal appeal arises from the judgment of the learned Special Judge, Anti-Corruption Lahore, whereby he on 19-12-1977 convicted Altaf Hussain appellant under section 5 of the Prevention of Corruption Act, 1947 and sentenced him to a fine of Rs,1,000 in default thereof to further R.I. For six months.
2. The appellant was posted as Deputy Secretary. The charge against him was that he in privy with Akbar Minhas co-accused the then Chairman. P.L.D.B. Lahore gave an order for the supply of polythene bags weighing 1,40,000 pounds and purchased the same at a rate of Rs,10 per pound from co-accused Saad Ullah and Abdul Ghani whereas the market rate of polythene bags was Rs,9 per pound and as such they caused wrongful loss to the P.L.D.B. And thereby committed offence under section 409, P.P.C. And section 5(2), Prevention of Corruption Act, 1947. He denied the charge and claimed to be tried.
3. To prove its case, the prosecution examined three witnesses. Ashfaq Ahmad Inspector P.W.1 had registered the case. Since there were some mistake apparent on the face of the record therefore on his direction correct copy of the F.I.R. Exh.P.W.5/B was prepared. Shamim-ul-Haq Hashmi P.W.2 was Director of Lahore Milk Plant. He stated that on the direction of the appellant he got prepared details of the requirements of six months and handed over the same to the appellant. The requirements were mentioned in file Exh.P.1 and Exh.P.B. The note given by the witness is Exh.P.C. He further stated that ultimately the quotations were called and comparative statement Exh.P.D. Was prepared by the appellant and he recommended the lowest tender which was that of G & R Enterprises for approval. The note is Exh.P.D/1. The case was again marked to the appellant who made another note Exh. P.D/3. The witness further stated that no approval of the Managing Director was obtained in this respect and that the orders of tender were placed by the Deputy Secretary, the appellant. The orders are Exhs.P.E/1 to P.E/13 and that no order was placed with the G & It Enterprisers although according to the comparative statement Exh.P.D, G&R Enterprisers was the lowest. The witness further stated that on 18-1-1977 he cancelled the order placed by the appellant vide order P.F.
' Subsequently fresh tenders were called by the Secretary of the Board and Messrs Plastic Ltd.
Gujranwala who collected the lowest rates in February 1977 and by negotiations the rates were got reduced to Rs,9 per pound. Riaz Hashmat Khan D.S.P. P.W. 3 Anti-Corruption investigated the case.
The Court examined Nazir Ahmad Zafar, Assistant Manager C.W.1 and M.M. Khan C.W.2 the then Managing Director and Mr. Yousaf Kamran, General Manager, Finance, C.W.3 as Court witnesses.
C.W.2 stated that the Project Director was the final authority for the purchases of polythene bags and no approval of the Managing Director was required.
4. The appellant when examined under section 342, Cr.P.C. Denied all the incriminating circumstances. The appellant and his co-accused produced five witnesses in defence.
5. The learned counsel submits that the prosecution has failed to prove its case against the appellant beyond reasonable doubt. Conversely the learned counsel for the State supported the judgment of the trial Court.
6. I have considered the arguments advanced by the learned counsel for the parties with care. I feel persuaded to agree with the learned counsel for the appellant I find that the prosecution has failed to prove any conspiracy or collusion of the appellant with the G & R Enterprises; that the tenders were invited, that the appellant recommended the lowest quotations; that his note recommendations were approved by his superior officers and that the mere fact that subsequently some other company supplied polythene at lower rate would not be sufficient to prove the guilt of the appellant. Furthermore, the co-accused have already been acquitted. For all these reasons I am of the view that the prosecution has failed to prove its case beyond reasonable doubt. Giving him the benefit of doubt, the appellant is acquitted of the charge.