Law:

Section:

National Accountability Ordinance (XVIII of 1999)--- ----Ss. 9(a)(iv), 14(a) & 32--- Qanun-e-Shahadat (10 of 1984), Art. 117(1)---Assets beyond known sources of income---Appreciation of evidence---Appeal against acquittal---Pecuniary advantages---Onus to prove---Authorities were aggrieved of acquittal of accused from Trial Court---Validity---Trial Court, while resolving the point with regard to maintaining of bank account of Rupees 103,627,531/- by accused instead of shifting burden of proof on accused to justify such amount in his account, to the contrary, applied Art. 117(1) of Qanun-e-Shahadat, 1984 that burden of proof was on the prosecution to prove its case against accused---Trial Court failed to ask accused to justify such huge amount in his account and instead gave irrelevant findings and unnecessary lengthy comments with regard to determination of huge amounts---Accused failed to justify maintaining of account worth millions of rupees and under such circumstances, provisions of S. 14 of National Accountability Ordinance, 1999 could be applied which were very much relevant---Trial Court, while dealing/passing in question ignored principal objectives with which provisions of S. 14 of National Accountability Ordinance, 1999 were into the statute---High Court set aside and remanded the matter to Trial Court for decision of reference afresh---Appeal was allowed accordingly. Faizullah Khan v. The State 1972 SCMR 672 rel. THIS JUDGMENT DELIVERED BY: ABDULLAH BALOCH, JUSTICE:---.--- This judgment disposes of Criminal Acquittal (Ehtesab) Appeal No. 17 of 2015 filed by State through Prosecutor General NAB Balochistan, against the judgment dated 18th September 2015 (hereinafter referred as, "the impugned judgment") passed by the Accountability Court-II Balochistan, Quetta, (hereinafter referred as, "the trial Court"), whereby the accused/respondent was acquitted of the charge under section 18(g) read with section 24(b) of the National Accountability Bureau Ordinance, 1999, in NAB Reference No. 07/2007. 2. Facts of the case are that NAB Balochistan filed a reference bearing number 07/2007 before the trial Court against the accused/respondent and absconding…

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