Case Details

Citation(s)
2019 SLG 555 2019 SLD 555 2019 YLR 668
Sindh High Court
C.P. No. D-990 of 2018, decision Dated: 03-09-2018.
MUHAMMAD IQBAL KALHORO, JUSTICE SHAMSUDDIN ABBASI, JUSTICE
Petitioner(s) by: Zeeshan Abdullah
Respondent(s) by: Yasir Siddique, Special Prosecutor, NAB

NOMAN ALI BHATTI

VS

NATIONAL ACCOUNTABILITY BUREAU AND OTHERS

Law: National Accountability Ordinance, 1999

Section: 9(a)(iv),(b)

Law: Constitution of Pakistan, 1973

Section: 199

National Accountability Ordinance (XVIII of 1999)--- ----Ss. 9(a)(iv) & (b)---Constitution of Pakistan, Art. 199---Constitutional petition---Bail, refusal of---Prima facie case---Deeper appreciation of evidence---Scope---Petitioner was arrested on charge of illegal tax refunds through bogus tax certificates and bogus companies---Plea raised by petitioner was that he did not receive any benefit and that his CNIC was fraudulently used without his knowledge---Validity---While deciding bail plea of accused, deeper appreciation of evidence was not required---If there was prima facie sufficient evidence against accused, he would not be held entitled for concession of bail---Sufficient evidence against petitioner in form of relevant documents with his signatures thereon, statements of witnesses and relevant Bank account papers were collected by National Accountability Bureau---Out of 22 cited witnesses, 13 witnesses had already been examined and trial was likely to be concluded in near future---Bail was declined in circumstances. THIS ORDER PASSED BY: SHAMSUDDIN ABBASI, JUSTICE By means of this petition, the petitioner Noman Ali Bhatti is seeking post-arrest bail in Reference No.03/2007 pending against him before the learned Accountability Court No.III at Karachi. 2. The facts in brief are that on receipt of Suspicious Transaction Report (STR) from CEO of Mybank Ltd. regarding suspicious transactions in 70 Bank accounts including Account No.4399-2 Karachi in the name of Messrs Expose International, an inquiry was conducted, which revealed that the said firm had received illegal sales tax refunds. Such preliminary finding led to the investigation in which it was discovered that the petitioner had got the said firm viz. Messrs Expose International fraudulently registered with Collectorate of Sales Tax and Central Excise, Government of Pakistan vide Sales Tax Registration No.17001203031073 on 29.04.2004 as an exporter/wholesaler showing office address at Suite No.607, 6th Floor, Noman Tower Marston Road, M.A. Jinnah Road, Karachi, and had obtained a total Sales Tax Refund of Rs.30,095,873/- during the period of 2004 and 2005. The details of which in tabular form have…
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