Law: National Accountability Ordinance, 1999

Section: 5(d),5(o),9,10

Law: Criminal Procedure Code (V of 1898)

Section: 426,497,498,561-A

Law: Constitution of Pakistan, 1973

Section: 199

(a) National Accountability Ordinance (XVIII of 1999)--- ----Ss. 5(d), 5(o) & 9---Corruption and corrupt practices---Bail, cancellation of---Company---Veil of incorporation, lifting of---Accused and co-accused persons, were involved in launching a housing scheme---Allegation against accused was that he in connivance with co-accused persons enriched themselves by diverting colossal sums of money received from general public into the account of various companies of which they were directly and indirectly the beneficiary---Held, that persons who were found to be handling the affairs of a corporate and or legal entity in whatever legal attire or facade and carried out any commercial and or other activity which resulted in commission of any wrong or omission would come within the mischief of S. 9 & 10 of the National Accountability Ordinance, 1999 read with Schedule thereto---Said provisions gave sufficient power to NAB authorities to lift the veil of incorporation and trace out the real actors and masterminds behind the alleged offence---In the present case the role of accused was detailed in the investigation report and his name appeared in Form-29 and Form-A of the offending companies---Signatures of accused appeared on documents and cheques of substantial amount deposited in the accounts of offending companies of which the accused was a shareholder---Serious allegations were made against the accuscd including siphoning off and misappropriating colossal sums of money from 10421 members of the public---Accused could not be given the benefit of corporate veil when the National Accountability Ordinance, 1999 empowered the NAB authorities to pierce the veil of incorporation and prosecute the real persons under whose dictate and command affairs of offending corporate entity were conducted and to find out who was the actual beneficiary of crime committed under the Ordinance---Sufficient material was available on record to connect the accused as exercising effective control of the errant companies---Bail granted to accused by the High Court was cancelled in circumstances and orders were given for his immediate arrest. The State v. Haji Kabeer Khan PLD 2005 SC 364;…

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