Law:

Section:

(a) National Accountability Ordinance (XVIII of 1999)--- ----S. 9---Criminal Procedure Code (V of 1898), S. 265-K---Corruption and corrupt practices---Application for quashment of NAB Reference, dismissal of---Allegation against the accused-petitioner was that in his capacity as Additional Director of a Development Authority he issued allotment orders in respect of plots carved out on land reserved for water conduit and high tension electricity line and allotted the same to fake claimants who could not be allotted properties in the area on account of double allotment---Accused filed an application before the Accountability Court under S. 265-K, Cr.P.C., contending that he had allotted said plots under duress and once such allotment orders were cancelled by him he was not liable to prosecution before the Accountability Court; held, that the allegations levelled against the accused, prima facie, manifested ill intentions muffled with corruption as valuable public property was handed over in compensation/alternate to the so called effectees who minted money by selling the same on higher rates---In view of the material available on record and progress made at the trial, quashing the NAB Reference against the accused at present stage would amount to stifling and prejudicing the prosecution case and influencing the Accountability Court where a number of co-accused were also facing trial---Constitutional petition was dismissed in circumstances. (b) Criminal Procedure Code (V of 1898)--- ----S. 561-A---Constitution of Pakistan, Art. 199---Acquittal---Inherent power of the High Court---Scope---Powers of the High Court either under Art. 199 of the Constitution or S. 561-A, Cr.P.C. could be exercised, inter alia, when there was no iota of evidence; where the very initiation of the proceedings was proved to be mala fide; where there were jurisdictional defects; where it was apparent that continuation of proceedings complained of would amount to abuse of process of Court; or where to secure the ends of justice it was absolutely necessary to exercise inherent powers. THIS ORDER PASSED BY: AHMED ALI M. SHAIKH, C.J.--- Petitioner along with twenty others facing trial in NAB…

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