' A case under section 409, P.P.C. Was registered at the report of Assistant Commissioner, Mianwali against the petitioner that he collected agricultural tax amounting to Rs,13,725 from different assessees but did not deposit the same in the treasury, which allegedly amounted to misappropriation. It is further submitted from both sides that the alleged misappropriated money has already been deposited in the Government treasury.
2. The learned counsel for the petitioner has submitted that the case could not be registered by the local police in view of the provisions contained in West Pakistan Anti-Corruption Establishment Ordinance (XX of 1961) because it was a scheduled offence and case could only be registered by the Anti-Corruption Establishment.
3. The learned counsel for the State has submitted that the local Police could entertain a complaint in view of the provisions contained in section 156(2), Cr.P.C. Read with Punjab Anti-Corruption Establishment, Rules, 1985. It was alleged the there was no legal flaw in the registration of case.
4. I have considered the foregoing submissions. The jurisdictional point raised regarding the registration of the case cannot be readily gone into except at the time of trial. The fact remains that the amount, which remained deposited in the Government treasury by the petitioner/Patwari has since been deposited in the Government exchequer, and that being disputed would call for further inquiry whether it was a lapse on the part of the Patwari or intended to misappropriate the amount as he failed to deposit the same in the treasury. Even otherwise the petitioner being a public servant, there is no likelihood of his abscontion. Accordingly allowing this petition, the petitioner is admitted to bail in the sum of Rs,30,000 with one surety in the like amount to the satisfaction of learned Trial Court.