Ss.409/380 & 109--Prevention of Corruption Act (II of 1947), S.5(2)--Bail-

1990 M L D 56
[Karachi]
Before Imam Ali Kazi, J
ABU BAKAR--Applicant
versus
THE STATE--Respondent
Criminal Bail Application No. 916 of 1989, decided on 8th November, 1989.
(a) Criminal Procedure Code (V of 1898)--
---S.497--Penal Code (XLV of 1860), Ss.409/380 & 109--Prevention of Corruption Act (II of 1947), S.5(2)--Bail--Accused was Store-Keeper of Fertilizer Depot from where huge quantity of fertilizer was transported by trucks and sold to commission agents who proved payment of price on examination before the Court--Balance amount of about Rs.4,00,000 had, also been received from, said agents by Anti-Corruption Staff-Bilties' of said fertilizer allegedly directly implicated accused in the case who also led to recovery of a pass book in the name of his minor son showing a credit balance of Rs.11 lacs with Bank--Bail was refused to accused in view of such evidence available against accused regarding misappropriation of huge amount of public money.
(b) Criminal Procedure Code (V of 1898)--
--S.497---Penal Code (XLV of 1860), Ss.409, 380 & 109--Prevention of, Corruption Act (II of 1947), S.5(2)--Court has to take strict view of cases of misappropriation and plunder of public money by Government servants.
M. A. Kazi for Applicant.
A.H. Lakho, A.-G. for the State.

ORDER

One Khush Mohammad Laghari, the Store-Keeper/Incharge of Bulk Sale Depot SASO at Thull, District Jacobabad, presented a written complaint to the Superintendent of Police Anti-Corruption Estt. at Sukkur. His complaint was endorsed to the Circle Officer, Anti-Corruption Estt., Jacobabad for registration. The complaint was then formally registered on 20-9-1989.
The complainant alleged that he resumed duty on 21-8-1989 after availing holidays and extended casual leave and inspected the godowns containing stocks of fertilizers kept there for sale. He found that the door of godown known as Dilmurad Sarki was broken and Government Stock of various types of fertilizers were missing. The main locks of godowns known as Bashir Ahmed Soomro and Lai Bux Kalhoro were also missing and Government Stock kept in the said godowns were missing. The particulars of the fertilizers and their value were stated in the complaint. On enquiries he found out that one Hubdar Ali, a SASO employee and others had lifted the stocks arid transported the same by trucks to other places. Hubdar Ali informed him that Mohammad Ali Mangi, the District Agriculture Supply Officer of SASO at Jacobabad had deputed him to shift the stocks lying there to other places for the purpose of sale as Incharge/Store-keeper, Khush Mohammad, was on leave. He had however, not received any authority from the District Agriculture Supply Officer SASO Jacobabad for shifting the stock in his absence. Hubdar Ali in collusion with the District Agriculture Supply Officer SASO at Jacobabad and others had unauthorisedly shifted the stock from SASO Bulk Sale Depot, Thull in his absence and sold the same and misappropriated the amount. He informed the aforesaid District Agriculture Officer, SASO on the same day who declined to take any action against the accused for obvious reasons.
The report, filed by Khush Mohammad, Store-Keeper and referred to herein above, was not considered as a report giving full facts. The Department then approached higher authorities in the hierarchy of the Anti-Corruption Estt. On their complaint, a team of Officers was constituted by the District Anti ­Corruption Estt. Sind to investigate the case under supervision of the Superintendent of Police, Anti-Corruption Establishment at Hyderabad.
During the course of investigation of the case, it transpired that fertilizer of the value of about Rs.40 lacs was unauthorisedly taken out from the godowns at Thull and sold in the market at Khairpur and Jacobabad. The co-accused Nazar Mohammad, the Store-man of the SASO Depot., Jacobabad and his brother Abdul Ghafoor a private employee at Depot, at Khairpur and both nephews of the applicant received the stocks and helped to dispose of the same. Some of the fertilizer was sold against cash while some was sold on credit. The sale proceeds realised were not credited in favour of the Government. During the investigation, it also transpired that complainant Khush Mohammad Laghari Incharge of Bulk Depot at Thull with the consent and connivance of Mohammad Ali Mangi, the District Agriculture Officer at Jacobabad sold the entire stocks. After investigation of the case, charge-sheet against the present applicant and 4 others has been filed in the Court of Special Judge Anti-Corruption at Sukkur.
The applicant filed his application for grant of anticipatory bail before the Special Judge, Anti-Corruption at Sukkur and before his bail application could be disposed of, challan was presented in that Court showing the applicant as one of the accused. The trial Judge by his order passed on 11th October, 1989, rejected his application for grant of such bail.
The applicant has now approached this Court praying for grant of bail pending his trial under Sections 409/380 and 109, P.P.C. read with section 5(2) of Act II of 1947 in that Court.
Mr. M.A. Kazi, Advocate, for the applicant has mainly contended that there is no evidence connecting the applicant with the commission of the offence and that the case was of further enquiry entitling the applicant to be released on bail.
Mr. A.H. Lakho, Advocate-General, Sindh has pointed out that according to the evidence of the prosecution, the applicant Abu Bakar was the Storekeeper of SASO Depot at Jacobabad. The fertilizer was transported by trucks from Thull to Jacobabad and then to Khairpur. "Bilties" of such fertilizer constitute evidence to implicate the applicant directly in the case. Such stocks were then sold to at least six commission agents who have been examined and have proved the payment of price. Balance amount of about Rs. 4,00,000 has also been received from them by the Anti-Corruption staff. He further pointed out that during the search of the house of the present applicant in presence of a Magistrate certain Cheque Books were found from his possession and he led Investigating Officer, who secured a pass book in the name of Aziz Ahmed son of Ghulam Rasool, the minor son of the applicant. The pass-book shows a credit balance of Rs.11 lacs with National Bank of Pakistan, Industrial Area Branch at Khairpur in the name of his minor son. On interrogation of the accused (Applicant) it transpired that he had used alias name of the minor son for the purpose of operating such account.
Today misappropriation and plunder of public money by Government Servants has indeed taken an alarming proportion. Such a loot of public funds has become easy and it is high time that Courts take note of such a situation and take strict view of such cases. In view of the evidence referred to above available against the present applicant and misappropriation of huge amount of public money, I am not inclined to grant bail to the applicant. This bail application is, therefore, rejected.