Law: National Accountability Bureau Ordinance (XVIII of 1999)

Section: 9(iii)(a)(x)

Law: Pakistan Penal Code, 1860

Section: 405,406

(a) National Accountability Ordinance (XVIII of 1999)--- ----S. 9(a)(x)---Penal Code (XLV of 1860), Ss. 405 & 406---Corruption and corrupt practices, criminal breach of trust---Reappraisal of evidence---Investment in a business---Lack of entrustment of property and dishonest intention---Numerous investors had invested in accused's business---Accused kept paying profits to such investors for some time but later on stopped paying profits and allegedly refused to return the invested amount---Accountability Court convicted the accused for an offence under S. 9(a)(x) of the National Accountability Ordinance, 1999 and sentenced him to rigorous imprisonment for four years and to pay fine besides confiscation of a house standing in his name---Plea of accused that his liability was of a civil nature, particularly rendition of accounts, and not a criminal liability because he never had any criminal intent to commit the alleged offence---Held, that perusal of S. 9(a)(x) of the National Accountability Ordinance, 1999 showed that the relevant offence was attracted only if the accused person was proved to have committed the offence of criminal breach of trust as defined in S. 405, P.P.C. and if there was an entrustment of property involved in the matter---Offence under S. 405, P.P.C. punishable under S. 406, P.P.C. was attracted only in a case of entrustment of property and not in a case of investment or payment of money---In the present case, it was the prosecution's own case that a section of the public had invested money in the accused's business and such undeniable fact had taken the present case out of the purview of S. 9(a)(x) of the National Accountability Ordinance, 1999---Present case appeared to be a classic case of a civil dispute based upon alleged breach of agreements for which remedies laid somewhere other than in a criminal court---Appeal was allowed, conviction and sentence of accused recorded and upheld by the courts below were set aside and he was acquitted of the charge. Shahid Imran v. The State and others 2011 SCMR 1614 and Rafiq Haji Usman v. Chairman, NAB and another 2015 SCMR 1575 ref. (b) National Accountability Ordinance (XVIII of 1999)---…

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