' Mumtaz Hussain, Patwari was tried by the learned Special Judge, Anti-Corruption, Sargodha (Camp at Faisalabad) for receiving illegal gratification by judgment dated 7-12-1988, he convicted him under Section 161, P.P.C. And sentenced him to nine months' R.I. And a fine of Rs,2,000 or in default to undergo further R.I. For two months.
' He has appealed.
2. The prosecution case in brief is that the appellant while working as Patwari in Chak No,422 demanded Rs,100 from Irshad Jameel P.W. For the preparation of Agricultural Pass Books. Irshad Jameel made an application to the above effect to the Anti-Corruption Department. Hameed Nawaz (P.W.6) Assistant Director, Establishment tried to contact the Deputy Commissioner, Faisalabad but on his non-availability, he contacted A.D.C.(G.) and the Assistant Commissioner, Faisalabad who were also not available. Consequently, he formed a raiding party and gave two currency notes of Rs,50 to Irshad Jameel after noting down their numbers and proceeded to Tehsil Office where near the outer gate, Irshad Jameel (P.W.1) paid the same to Mumtaz Hussain, Patwari (appellant). Hamed Nawaz, Assistant Director recovered the said currency notes from the pocket of the appellant through memo. Exh.P.C. Later he recovered the Pass Books Exh.P.D./1 and Exh.P.D./2 and after completing the investigation, challaned him.
3. The prosecution examined six witnesses in support of its case. Its star witnesses were Sh. Hamed Nawaz, Assistant Director, Anti-Corruption Establishment (P.W.6), Muhammad Ramzan Constable, A.C.E. (P.W.5), Sadiq Hussain Shah, A.S.I. (P.W.3) and Irshad Jameel (P.W.1). They deposed about the raid and recovery of the tainted currency notes from the possession of the appellant.
4. The appellant denied the prosecution allegations and stated that he had received Rs,100 from Irshad Jameel P.W.1 as copying fee for the supply of copies of Revenue Record to him. He examined defence evidence to that effect. Ijaz Ali Patwari D.W.1 produced the register of copying fee showing the receipt of copying fee from Irshad Jameel P.W.1. The said entries were in the hand of the appellant.
5. It, is argued on behalf of the appellant that there is no independent evidence to the effect that Irshad Jameel P.W.1 had ever applied to the Revenue Authorities for the preparation of his Pass Books. No written application on his behalf has been brought on record. The appellant could not have himself prepared and supplied the Pass Books to Irshad Jimeel. Those were to be prepared and issued under the signatures of his superiors but none of the senior officials was examined by the prosecution to prove the above fact. Furthermore,. The Pass Books in question were not recovered from the possession of the appellant. Those were recovered from the office of Muhammad Ghaus, Revenue Patwari (P.W.2). According to him be had filled in the relevent columns of the Agricultural Pass Books at the asking of the raiding Team and that the signatures of the appellant were obtained by the raiding Team on those Pass Books.
' As regards the recovery of the tainted currency notes, the appellant's version is that he-had received them from the complainant as fee for the supply of copies of Khasra Girdawaris to him. He stands supported in this context by the evidence of Sadiq Hussain Shah A.S.I. (P.W.3). According to him when the appellant was delivered to him after the recovery of the tainted currency notes he told him that he had taken the money in connection with supply of copies of Khasra Girdawaris.
6. Admittedly, no Magistrate was associated in the raid and it was conducted by the officials of the Anti-Corruption Establishment and the police.The payment of Rs,100 by Irshad Jameel P.W. To the appellant stands mentioned in the register of copying fee Exh.D.B. And.Exh.D.D. The appellant had also taken the said plea at the time of apprehension as stated by Sadiq Hussain Shah, A.S.I. (P.W.3).
The Agricultural Pass Books for the supply of which the appellant is alleged to have received illegal gratification were not recovered from his possession at the time of raid. On the other hand they were secured on 8-8-1985 after getting the same prepared by Muhammed Ghaus P.W.2. The signatures of the appellant were secured thereon by the Investigating Officer on that date in the presence of Muhammad Ghaus P.W.2.
7. For the foregoing reasons, the prosecution has failed to establish this case against the appellant.
Accordingly his appeal is accepted, his conviction and sentence are set aside and he is honourably acquitted of the charge. He is present on bail and is discharged of the bail bonds.