| Case ID |
e2f8de17-bd59-4dd5-851c-2433968d77ae |
| Body |
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| Case Number |
K-26 of 1973 |
| Decision Date |
Sep 07, 1973 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan dismissed the petition for special leave to appeal on the grounds that the petitioner, who was a Junior Store Keeper, was convicted of misappropriating petrol. The court found overwhelming evidence of guilt despite the petitioner's claims regarding shortages and mismanagement. The court disallowed new arguments that were not previously raised in lower courts, emphasizing the importance of timely objections in legal proceedings. The petitioner was not prejudiced by the investigation process, which was conducted by an Inspector instead of a D.S.P. The High Court's view aligning with the trial court reinforced the decision. |
| Summary |
In the case of Muhammad Allah Warayo Panhwar vs. The State, the Supreme Court of Pakistan addressed the conviction of a Junior Store Keeper accused of misappropriating petrol. The petitioner was sentenced to nine months of rigorous imprisonment and fined Rs. 3,900 after being found guilty of misappropriation. The court reviewed evidence that indicated significant shortages of petrol in the store, which were corroborated by physical verifications and register entries. Despite the petitioner's claims of discrepancies in the petrol delivery and evaporation, the court upheld the conviction, emphasizing that the new arguments raised were not permissible as they had not been presented in lower courts. The ruling highlights the necessity for timely objections and the weight of evidence in corruption cases, reinforcing the integrity of the judicial process. Keywords: Supreme Court, misappropriation, corruption, legal proceedings, evidence, judicial integrity. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
HAMOODUR RAHMAN, C.J.,
MUHAMMAD GUL, J
|
| Lawyers |
A. Aziz Dastgir
|
| Petitioners |
MUHAMMAD ALLAH WARAYO PANHWAR
|
| Respondents |
THE STATE
|
| Citations |
1974 SLD 70,
1974 SCMR 13
|
| Other Citations |
Not available
|
| Laws Involved |
Prevention of Corruption Act, 1947,
Pakistan Penal Code,
Constitution of Pakistan
|
| Sections |
5(2),
40,
Art. 185(3)
|