Law: National Accountability Ordinance, 1999

Section: 5(da),12,13,32

National Accountability Ordinance (XVIII of 1999)--- ----Ss.5(da), 12, 13 & 32---Freezing of property---Benamidar---Proof---House in question was frozen by Trial Court considering the same to be property of accused---Appellant filed objection on the plea that he was the real owner on the basis of unregistered sale-deed and accused had nothing to do with it---Objection was dismissed by Trial Court and property was not de-frozen---Validity---Authorities failed to prove that transaction of property in question was Benami one and also failed to prove that after release of accused, house owned by appellant could not be frozen/attached under S.12(f) of National Accountability Ordinance, 1999, in connection with alleged corrupt practices of accused---Allegation of prosecution was that previous owner executed general power of attorney in which it was mentioned that he had received sale-consideration---General attorney sold the house in favour of another person through registered sale deed from whom appellant purchased the same through cheques which were produced before Trial Court---Real owner was the person in whose favour there was registered sale-deed and he could only challenge ownership of appellant from whom he had derived the title---Appellant had successfully proved that house in question had been purchased from his independent source i.e. payment through four cheques by producing original document, being in possession of suit house, having no motive to purchase on behalf of accused---Prosecution failed to bring on record any proof through which it could be proved that suit house had been purchased through money procured from accused which he arranged through alleged corrupt practices---High Court set aside order passed by Trial Court and released the house in question---Appeal was allowed accordingly. Tanvir Ahmad and 9 others v. The State 2009 PCr.LJ 919; Muhammad Sajjad Hussain v. Muhammad Anwar Hussain 1991 SCMR 703 and Iqbal Ahmad Turabi and others v. The State PLD 2004 SC 830 rel. JUDGMENT KHALID MAHMOOD, J.---Appellant Ghulam Basit has filed this appeal under section 13(c) read with section 32(b) of the National Accountability Ordinance, 1999 against…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492