Law: National Accountability Ordinance, 1999

Section: 9(a),32,34

Law: Criminal Procedure Code (V of 1898)

Section: 221

National Accountability Ordinance (XVIII of 1999)--- ----Ss. 9(a), 32 & 34---Criminal Procedure Code (V of 1898), S. 221---Corruption and corrupt practices---Appreciation of evidence---Defective charge---Delegation of powers---Specific clause, non-mentioning of---Accused was a carriage contractor who was alleged to have misappropriated large quantity of wheat during transportation---Accused was put to trial under National Accountability Ordinance, 1999, resultantly he was convicted and sentenced by Trial Court---Plea raised by accused was that no specific clause of S. 9 of National Accountability Ordinance, 1999, was mentioned by Trial Court and the reference was filed unauthorizedly---Validity---Judge of Trial Court committed an error by convicting accused and found him guilty of the offence falling under S. 9 of National Accountability Ordinance, 1999, as the Court had not taken care of to prosecute and convict accused under exact clause of S. 9 of National Accountability Ordinance, 1999---In the reference allegations of misappropriation was elaborately drawn but fine was not reduced into a well-defined charge---High Court set aside conviction and sentence awarded to accused and case was remanded to Trial Court for decision afresh---High Court directed the Trial Court to reframe charge under proper head only if it would decide first that the reference was competently filed---Appeal was allowed accordingly. Muhammad Iqbal Ahmad v. The State 2016 YLR 2547; Aminul Haq v. Crown PLD 1952 FC 63; Hassan Askari v. The State 2011 PCr.LJ 778; Abdus Salam Molla v. The Crown PLD 1955 FC 129; University of Peshawar v. Mian Mohsan Shah 1998 SCMR 697 and Mohammad Nawaz v. The State 2016 SCMR 267 ref. THIS JUDGMENT DELIVERED BY: MOHAMMAD IBRAHIM KHAN, J--- The learned Judge of the Accountability Court-III, Peshawar by his labored judgment dated the 22nd March 2016, convicted accused Bashir Khan Carriage Contractor Food Department (KP) under section 9 of the National Accountability Ordinance 1999, found him guilty and sentenced to seven years' R.I. with a fine of Rs.7,78,72,069 under its section 10 (punishment for corruption and corrupt practices). 2. This is an appeal…

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