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Muhammad Saleem Shehnazi and Muhammad Aslam Khan Buttar for Appellant with Appellant as bail. Arif Mehmood Rana, Additional Deputy Prosecutor General for NAB. National Accountability Ordinance (XVIII of 1999) --------- ----------Ss. 5(da) & 9(a)(v) --------- Assets beyond known sources of income --------- Appreciation of evidence --------- Benami properties --------- Sources of income --------- Proof --------- Accused was holder of public office and was convicted and sentenced by Trial Court for seven years imprisonment along with fine --------- Validity --------- No notice was issued to alleged Benamidar prior to confiscation of property, the same was fatal to prosecution case --------- In a case of assets beyond means, prior to discussing assets, the known source of income both legal and illegal had to be brought on record --------- Trial Court fixed value of properties but nowhere salary of accused for last 41 years, his savings and his other emoluments were even discussed --------- Court had no formula to apply in order to ascertain as to what were the assets beyond means --------- High Court disagreed with the findings of Trial Court and set aside conviction and sentence awarded to accused, resultantly he was acquitted of the charge --------- Appeal was allowed in circumstances. Syed Zahir Shah and others v. National Accountability Bureau and others 2010 SCMR 713 rel. THIS ORDER PASSED BY: SYED MUHAMMAD KAZIM RAZA SHAMSI, JUSTICE:------------- This single judgment shall dispose of the instant appeal and W.P. No. 9763 of 2004 as both involve identical question of law and facts. 2. Through the present appeal the appellant challenges judgment dated 03.03.2004 whereby he was convicted under sections 9 and 10 of the National Accountability Bureau Ordinance, 1999 for the offence of corruption and corrupt practices and sentenced to 7 years punishment of rigorous imprisonment extending the benefit of section 382-B, Cr.P.C. besides imposing a fine of Rs.25,00,000/- as equal to the price/gain of the aforesaid lands acquired or purchased. Six different properties are also forfeited in favour of the Government out of which five properties were confiscated, whereas…

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