Law: National Accountability Ordinance, 1999

Section: 9(a)(vi)(viI)

National Accountability Ordinance (XVIII of 1999)--- ----S. 9(a)(iv)(vi)---Illegal gains and misuse of authority---Appreciation of evidence---Accused was Bank Manager who fraudulently misappropriated an amount of 10.82 million out of which Rs.2.258 million were still outstanding---Prosecution witnesses were subjected to lengthy cross examination but nothing beneficial to defence came from their mouth---Prosecution witnesses were consistent on each and every aspect of the matter and did not contradict each other on material issues---Offence committed by accused was very heinous in nature as he made fraudulent withdrawals of an excess of amount of Rs.10.852 million with fake/forged signatures of pensioners against PPOs of CMPA---Accused prepared fake pension bills with his own handwriting by putting forged signatures thereon---Accused misused his official position dishonestly and fraudulently misappropriated an amount of Rs.10.852 million when he was custodian of public office---Public functionary had done such kind of an act especially when he was custodian of public record and had committed forgery and fabrication to gain unfair advantage---High Court declined to interfere in conviction and sentence awarded by Trial Court---Appeal was dismissed in circumstances. Imtiaz Ahmed v. The State PLD 1997 SC 545 ref. JUDGMENT ROZI KHAN BARRECH, JUSTICE:---.--- This is an appeal under Section 32 of the NAB Ordinance, 1999 (the NAB Ordinance) against the judgment dated 07.01.2010 passed by Accountability Court-II, Quetta (trial court) in NAB Reference No. 01 of 2009, whereby appellant was convicted in the following terms: 1) to suffer RI for four years and six months and 2) to pay fine of Rs.2.258 million or in default the accused shall further suffer SI for two years. 3) The amount of fine be recovered from the movable/ immovable properties of the accused and be paid to the National Bank of Pakistan, cantt/city branch. 4) a) The accused ceases to hold public office forthwith; b) He is disqualified for a period of ten years for seeking of from being elected, chosen, appointed or nominated as a member of representative of any public body or any statutory or local authority…

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