Law: National Accountability Ordinance, 1999

Section: 17(d),18(g)

Law: Constitution of Pakistan, 1973

Section: 199

Law: Criminal Procedure Code (V of 1898)

Section: 265-K

National Accountability Ordinance (XVIII of 1999)--- ----Ss.17(d) & 18(g)---Criminal Procedure Code (V of 1898), S.265-K---Constitution of Pakistan, Art. 199---Constitutional petition---Second reference, quashing of---Same offence---Maxim "nemo debit bis puniri pro uno delicto"---Applicability was convicted by Trial Court in two references filed earlier---Third reference was filed on same allegations with a slight difference in dates of occurrence---Application under S. 265-K, Cr.P.C. filed by petitioner was dismissed by Trial Court---Validity---Offence charged in reference in question was not different in nature or of different kind and it was continuation of same offence, modus operandi and the same transaction, except the period---In view of the provisions of S. 17(d) of National Accountability Ordinance, 1999, there could not have been more than one reference---Maxim "nemo debit bis puniri pro uno delicto" [no one shall be placed in peril (jeopardy) of legal penalties more than once upon the accusation] and if prosecution was permitted to conduct in such a way they were acting, then there would be no end to the prosecution once a person was got to their hands was posted against post of pension payment clerk in a serial of conduct with same modus operandi under the same head while sitting on the same chair in exactly similar nature committed offences, in continuous manner---If prosecution would have been vigilant and bona fide they would have dug out commission of offence of the subsequent period---Negligence and inefficiency so committed by prosecution was mala fide act to get a person in their hands, convicted repeatedly---Application filed by petitioner under S. 265-K, Cr.P.C. before Trial Court was legal and justified--- Constitutional petition was allowed in circumstances. Arshad Khan v. Chairman NAB and others W.P. No. 3075-P of 2015; 2008 YLR 2688 and PLD 2003 SC 891 rel. PLD 2016 SC 763 distinguished. THIS JUDGMENT DELIVERED BY: WAQAR AHMAD SETH, JUSTICE:---.--- Through the instant Writ Petition, the petitioner seeks issuance of an appropriate writ with the following prayer:- "It is, therefore, most humbly prayed that on acceptance of this writ…

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