Law:

Section:

National Accountability Ordinance (XVIII of 1999)----- ----Ss. 9/10---Appreciation of evidence---Mere floating of summary in violation of Government Rules of Business would be an irregular exercise of authority which might call for appropriate disciplinary action against the accused under the Service Laws, thereby rendering him liable to disciplinary proceedings in his capacity as a "civil servant", but his such action would not in any way fall within the mischief of "corruption or corrupt practice" as defined in the National Accountability Ordinance, 1999---No evidence was available on record to infer that the accused had made any attempt to obtain any personal gain from the transactions and/or extended illegal gains to any one else---Besides, it had been brought in evidence that the land was neither demarcated nor possession thereof was handed over to the accused beneficiary and the same stood restored to the Government---Orders for grant of the lands had already been cancelled and the co-accused who was the beneficiary was adequately penalized by way of forfeiture of a considerable amount deposited by him in the Government Treasury---Prosecution had failed to establish the charge of corruption and corrupt practices against the accused---Accused was acquitted in circumstances. Aftab Ahmed Khan Sherpao's case PLD 2001 Pesh. 80 and M. Siddique-ul-Farooque v. The State PLD 2002 Kar. 24 ref. Ramesh M. Udeshi v. The State PLD 2003 Kar. 423 distinguished. JUDGMENT MUHAMMAD MOOSA K. LEGHARI, J.---The above titled two criminal accountability appeals are being disposed of by this single judgment as the facts and circumstances involved in both the appeals are almost common. 2. Vide judgment dated 22-1-2000 passed by the learned Judge, Accountability Court No. 1, Sindh in Accountability Case No.1 of 1999, the appellant was convicted and sentenced to suffer R.I. for seven years and to pay a fine of Rs.1,00,000. In case of failure to pay the fine, the appellant was to undergo further S.I. for one year. 3. The appellant was also convicted in Accountability Case No.2 of 1999 by the same Accountability Court vide its judgment dated 22-1-2000 and was awarded similar…

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