Law: Constitution of Pakistan, 1973

Section: 199

Law: Criminal Procedure Code (V of 1898)

Section: 161,265C

Law: National Accountability Ordinance, 1999

Section: 9(a),10

Constitution of Pakistan, 1973-- ----Art. 199--Constitutional petition--National Accountability Ordinance, 1999, Ss. 9(a) & 10--Allegations of--Registration of dummy firms without approval of competent authority--fraudulently--Violation of essential requirements--Misused of authority--Discharging urea from godowns in collaboration with petitioners--Initiation of departmental enquiry--Report of inquiry committee--Madus operandi--Further inquiry--Fiduciary duty of employee--Deliberately violation of rules--Tribulation of specific role--Right of fair and expeditious trial--Address of all companies, where petitioners Inamuddin, Afaquddin and co-accused Imamuddin were directors/partners, is same and all documents and correspondences disclose same address--This shows their modus operandi to cheat system by making/ registering new dummy firms just to continue their fraudulent acts and looting national exchequer--A case of further inquiry would only be made out when data collected by prosecution was not sufficient to provide reasonable grounds for believing that a prima facie case does not exist against an accused--It can be assumed that all petitioners had requisite mens rea to commit offence charged with through their acts, conduct, failure to exercise authority, misuse of authority and deliberately violating rules--It is however finally upto trial Court to decide mens rea of accused petitioners after recording evidence in matter--At stage of bail detailed discussion is not necessary but as far as evidence which is on surface of record of this case shows that petitioners are prima facie involved in commission of offence--They are nominated in reference and attributed a specific role--No evidence of enmity in terms of mala fide or ulterior motive is available on record, which might have actuated prosecution to falsely implicate petitioners--Thus, we are of considered view that petitioners do not deserve concession of bail at this stage--Consequently, petitions of Gulsher Ahmed Chachar and Afaquddin for post arrest bail are dismissed--The petition of Inamuddin Marwat for pre-arrest bail is also dismissed simultaneously recalling earlier order of granting ad-interim…

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