1. ' This criminal appeal arises from the judgment of learned Special Judge (Central) Lahore whereby he on 14-7-1982 acquitted Zar Badshah, S.I., respondent of the charge under section 409, P.P.C.
2. Read with section 5(2) of the Prevention of Corruption Act, 1947.
2. Mr. M.A. Aziz, the learned counsel for the respondent quoted section 10(2) of Pakistan Criminal Law Amendment Act, 1958 to contend that present appeal having not been validly presented by any Public Prosecutor on the specific directions of the Federal Government, was not entertain able.
3. On the other hand, the learned Standing Counsel and the learned Deputy Attorney-General while conceding that Mr. Zia Mehmood Mirza, Standing Counsel, Government of Pakistan who filed appeal was not a notified Public Prosecutor, maintained th' under section 4 of Central Law Officers Ordinance, 1970, and notification No,F.23(3)/72-AI, dated 10-7-1973, the learned Standing Counsel and Deputy Attorney-General of Pakistan were authorized to conduct appeal against the respondent before Lahore High Court, Lahore.
3. I have considered the submissions made by the learned counsel for the parties with care. I find sufficient force in the contentions of the learned counsel for the respondent. The relevant provisions of law may be reproduced conveniently. Section 10.-- Appeal, Revision and transfer of cases.
4. (1)
(2) "Notwithstanding the provisions of section 417 of the Code of Criminal Procedure, 1898, in any case tried by a Special Judge appointed by the Federal Government under section 3, in which such Special Judge has passed an order of acquittal, the Federal Government may direct the Public Prosecutor to present an appeal to such Court as aforesaid."
5. (3)
6. (4)
(ii) Central Law Officers Ordinance, 1970 Section 4.-- Right of Audience.
7. "In the performance of their official duties, the Additional Attorney-General, Deputy Attorney- General and Standing Counsel shall have the right of audience in all Courts in Pakistan."
(iii) Notification No, 23(3)/72-AI, dated 10-7-1973.
8. (1)
9. (2)
10. (3)
11. 4(1) "It shall be the duty of the Deputy Attorney-General and Standing counsel:-
(a) to advise the Federal Government on any legal matter referred to them by the Federal Government and to perform such other duties of a legal character as are assigned to them from time to time by the Federal Government;
(b) to appear on behalf of the Federal Government, if it so requires, in all cases, suits, appeals and proceedings before Supreme Court or a High Court in which the Federal Government is concerned."
12. From the examination of the provisions of law reproduced above, it is very much obvious that for filing appeal against acquittal by the Special Judge, the direction by the Federal Government to the Public Prosecutor to present an appeal before the High Court was a condition precedent and unless the appeal was filed by the Public Prosecutor on the directions of the Federal Government, the same could not have been entertained. From the language of section 4 of Central Law Officers Ordinance, 1970 and Notification, it is crystal clear that the learned Standing Counsel had the right of audience in all Courts in Pakistan and that it was his duty to appear on behalf of Federal Government in which the Federal Government is concerned but this would not tantamount to direction by the Federal Government to Public Prosecutor to present appeal against acquittal. For all these reasons, I am convinced that the appeal was not properly presented and as such, there is no alternative but to dismiss it on this score alone.