Law: Criminal Procedure Code (V of 1898)

Section: 561-A,403

Law: Civil Procedure Code (V of 1908)

Section: 11,13

Law: Constitution of Pakistan, 1973

Section: 13

Criminal Procedure Code (V of 1898)---.--- ---.---Ss. 561-A & 403---.---Civil Procedure Code (V of 1908), Ss.11 & 13---.---Constitution of Pakistan (1973), Art.13---.--- Autrefois acquit, principle of---.---Foreign -Accused-petitioner and accused-applicant were Manager and General Manager of two Airlines 'C' and 'P' respectively-Accused-petitioner was alleged to have paid kickbacks to the accused-applicant for lease agreement whereby Airline "C" leased five aircrafts to the Airline 'P'-Accused-petitioner's wife initiated proceedings against him in United Kingdom for her share in the money lying in his bank account there---.---Police of said country initiated investigations against the accusedpetitioner on suspicion that the money in his bank account was acquired by illegal means---.---National Accountability Bureau (Pakistan) joined the investigation of foreign Police and contested the case on behalf of the Federal Government of Pakistan in the foreign court alleging that the money in the bank account of the accused petitioner was received by him as kickbacks---.---National Accountability Bureau also filed reference in Accountability Court in Pakistan on the same allegations---.---Foreign Court exonerated both the accused---.---Accused contended that the National Accountability Bureau investigated and contested the case, was barred from filing the reference under Art.13 of the Constitution, S.403, Cr. P. C. and Ss.11 and 13 of C.P.C.---.---Validity---.---National Accountability Bureau placed material to prove its case before foreign court which had exonerated the accused---.---Federal Government of Pakistan did not challenge the of foreign court which had attained finality and was binding on the parties---.---Reference could not be filed against the accused on the basis of same allegations which were subject-matter of the as the accused could not be prosecuted or punished for the same offence more than once under Art.13 of the Constitution---.---Agreement between the two Airlines were approved by the Board of Directors of the Airline in Pakistan on the recommendation of the high-powered committee---.---Accused-applicant could not be presumed to…

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