Law: National Accountability Ordinance, 1999

Section: 32

Law: Limitation Act, 1908

Section: 5,29(2)

National Accountability Ordinance (XVIII of 1999)--- ----S. 32---Limitation Act (IX of 1908), Ss. 5 29(2)---Appeal---Appreciation of evidence---Condonation of delay---Accused was convicted by Accountability Court vide dated 13.7.2015 and he preferred appeal on 12.9.2015---Accused sought condonation of delay on the plea of his ailment---Validity---Specific period of limitation was provided under S. 32 of National Accountability Ordinance, 1999---In view of the provisions of S. 29(2) of Limitation Act, 1908, provision of S. 5 of Limitation Act, 1908 was not applicable---High Court declined to condone the delay caused in filing of appeal by accused--- Appeal was dismissed in circumstances. Ali Muhammad and another v. Fazal Hussain and others 1983 SCMR 1239; Allah Dino and another v. Muhammad Shah and others 2001 SCMR 286; City District Government Lahore through District Coordination Officer, Lahore v. Mian Muhammad Saeed Amin 2006 SCMR 676; Province of Punjab through Collector and others v. Muhammad Farooq and others PLD 2010 SC 582 and Muhammad Islam v. Inspector-General of Police Islamabad and others 2011 SCMR 8 rel. THIS JUDGMENT DELIVERED BY: ROZI KHAN BARRECH, JUSTICE:---.--- This Criminal Ehtesab Appeal No. 14 of 2015, filed under section 32 of the National Accountability Ordinance, 1999 ("NAB Ordinance, 1999") is directed against the observation in the judgment dated 13th July 2015 ("impugned judgment") passed by learned Accountability Court-II, Balochistan, Quetta ("trial court"), operative portion whereof speaks as under: "---. In consequence of the said voluntary return of the wrongful gain in the manner referred to hereinabove, the accused was released subject to the penal provisions of disqualification for 10 years etc. contained in section 15(b) of the NAB Ordinance, 1999 vide order dated the 13-07-2015 passed by this Court in compliance with the directions of the Hon'ble High Court of Balochistan contained in the order dated 6-03-2014 passed in the Constitutional Petition under Article 199." 2. According to the NAB Reference No. 02 of 2010 the appellant Khalid Aziz (proprietor of the Al-Aziz Trade International) amassed ill-gotten money in collusion…

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