KHALID PAUL KHWAJA, J.- On 14-11-1996 at Police Station Civil Lines. Gujranwala, a case under sections 420.468.471.409 and 161 PPC was registered against Muhammad Arshad Bhindar. Shafique Ahmed and Muhammad Bashir constables of the Excise Department at the instance of Rizwan Alaram Sherwani. E.T.O, lt was alleged that during inspection on 17- 9-1996 it came to light that the aforesaid three accused by making fake stamps had misappropriated a sum of Rs. 22.93.180 -. The said accused produced the fake stamps and a sum of Rs. 6.19.546/- in cash as part of the misappropriated amount. During investigation of the case section 5 of the Prevention of Corruption Act. 1947 was also added. They were arrested on 27-11-1996.
2. Muhammad Arshad Bhindar accused, petitioner herein, who was arrested on 27-11-1996 has applied for his bail.
3. I have heard the parties' learned counsel and have also gone through the record.
4. Learned counsel for the petitioner has submitted that the ten registration of the case against the petitioner was violative of law. In this connection he cited rale 8 of the Punjab Anti-Corruption Establishment Rules. 1985 according to which a case against a public servant in PBS-1 to I6 could only be registered at the instance of an officer not below the rank of Deputy Director, Anti- Corruption Establishment. In the present case the petitioner is junior clerk in PBS-5 and therefore the case should have been registered by an officer of the rank of at least a Deputy Director.
Admittedly, the present case against him has been registered by an E.T.O who does not belong to the Anti Corruption Establishment. Learned counsel for the petitioner has cited Muhammad Afzal and 2 others V. Muhammad Siddique Girwa. Additional Sessions Judge Gujranwala and 3 others (1992 M LD 311. Lah) and Saleem Hussain v. State (PLJ 1996 Cr.C. Lah.916) wherein it has been held that a case registered in violation of rale 8 ibid was liable to be quashed. Respectfully following the dictum laid down in the aforesaid authorities I also hold that the present case has not been properly lodged and is no case in the eye of law. In this view of the matter and the fact that the co- accused of the petitioner have already been admitted to bail by the learned trial Court (Special Judge. Anti-Corruption. Gujranwala) I admit the petitioner to bail in the sum of Rs. 10.000 - with one surety in the like amount to the satisfaction of the Special Judge. Anti-Corruption Gujranwala.
5. The authorities of the Anti-Corruption Department, however, would be at liberty to get proper case registered against the officials responsible for misappropriation etc. They would also be at liberty to make an application before the learned Special Judge. Anti-Corruption Gujranwala for the cancellation of the to the three accused.
6. The bail application is disposed of.