Law:

Section:

National Accountability Ordinance (XVIII of 1999)-------S. 33-E---Criminal Procedure Code (V of 1898), S.386---Penal Code (XLV of 1860), S.70---Constitution of Pakistan, Art.199---Constitutional petition---Recovery of amount of fine etc. as arrears of land revenue---Scope---Application by National Accountability Bureau under S.33-E National Accountability Ordinance, 1999, read with S.386, Cr.P.C. and S.70, P.P.C., for recovery of fine, against the petitioner/accused as arrears of land revenue was accepted by Accountability Court---Validity---Bureau was legally authorized to recover the fine from the petitioner; and in case of his failure, same could be recovered as arrears of land revenue---Where the quantum of sentence also entailed the levy of fine; and accused who had been convicted for any term of imprisonment followed by payment of fine, though served out the imprisonment in default of payment of fine, still he could not be absolved from payment of fine; because the imprisonment undergone in default, was to be treated as reasonable punishment for non-payment of fine---Impugned order passed by the Accountability Court, was un-exceptional; and would not call for any interference by High Court. Haji Ghousuddin v. The State PLD 2012 Bal. 104 and Ahmed Ali Siddiqui v. Sargodha Central Cooperative Banking Ltd. 1989 SCMR 824 ref. ORDER MUHAMMAD KAMRAN KHAN MULAKHAIL, J.---This petition is directed against the order dated 17-12-2011 passed by the learned Accountability Court-II, Quetta Balochistan, whereby the application under section 33-E of the National Accountability Ordinance, 1999 ("NAO") read with section 386 of the Code of Criminal Procedure Code, 1898 ("Cr.P.C") and Section 70 of the Pakistan Penal Code, 1860 ("PPC") for recovery of fine against the petitioner was accepted. 2. Precisely, the facts of the case are that the reference No.3 of 2004 was filed by the National Accountability Bureau ("NAB") authorities against the petitioners, whereby the petitioners were convicted and sentenced to suffer various terms of imprisonment. The petitioners assailed the judgment before this court in Ehtisab Appeals Nos. 19, 20, 21, 22, 23, 24, 25 and 2005, which were…

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