Law: National Accountability Ordinance, 1999

Section: 9

(a) National Accountability Ordinance (XVIII of 1999)--- ----S. 9---Corruption and corrupt practices---Appreciation of evidence---Benefit of evidence---Accused was charged that he and co-accused withdrew an amount of Rs.50 Million illegally through fake bills on account of Petrol, oil and lubricants (POL)---Record showed that there was no evidence of embezzlement or misappropriation on the part of accused---No prosecution witness had given any evidence against accused---Record transpired that accused was not the originator of the requests for payment on account of POL and the Investigating Officer carried out no investigation to find out as to who initiated such requests---Such request should have come through the Motor and Transport Division over which the accused had no command and control---No evidence had also come on record that accused had any influence over the Motor Transport Division or had anything to do with them---Evidence showed that the accused had a limited role in processing the bills (certainly less than AIGP Finance and the Finance Department who was acquitted by the Trial Court) and was more akin to a post box whilst the primary responsibility rested with other persons---Since the invoices came from the relevant petrol stations and no evidence was produced that the accused had anything to do with either the petrol stations or their owners or that he had prepared or connived with others in preparing fake petrol invoices---Accused did not sanction payment of any of the bills---Number of the documents which were relied upon to convict the accused were photocopies and the originals were not produced despite being objected to by the defence with the judges noting that the objection would be decided at the final stage but the judge failed to decide said issue and as such those photocopy documents used to convict the accused were inadmissible in evidence and could not be relied upon to convict the accused---Only the role which the accused appeared to have played from the evidence was in disbursing payment of the bills on the instructions of AIGP Finance after the sanction which had already been made by the IGP---No illegality had been found in the…

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