Law: National Accountability Ordinance, 1999

Section: 9(a)(vi),9(xi)

National Accountability Ordinance (XVIII of 1999) Ss.9(a)(vi) 9(xi)Misuse of authority and criminal breach of trustAppreciation of evidence Audit reportAccused was Project Director who was convicted by Trial Court for causing loss and misuse of his authority and was sentenced to imprisonment for ten years along with fine Validity At the time of grant of leases to nonshifting card holders accused was Project Director of 4 shops, 9 show rooms and 21 wall fixtures and disposed of the same on lease in violation of existing laws without public auction or publicationAudit report showed that the shops, show rooms and wall fixtures were leased out at much less than market value in order to favour new lessees through his misuse of authority and criminal breach of trust as he was holding such shops, show rooms and wall fixtures on trust High Court declined to interfere in conviction awarded to accused by Trial Court as prosecution had proved its case beyond reasonable doubt against accused, however, reduced the sentence from imprisonment for ten years to seven years while fine was maintained Appeal was dismissed, in circumstances. Abdul Karim Nausherwani and another v. The State through Chief Ehtesab Commissioner 2015 SCMR 397; Ghulam Muhammad Memon and 3 others v. The State and another 2012 PCr.LJ 1677; MansurulHaque v. Government of Pakistan PLD 2008 SC 166; The State through NAB, Islamabad v. Commodore (R.) Mirza Ashfaq Baig and another (Criminal Petitions Nos. 164 and 165 of 2004); The State and others v. M. Idrees Ghauri and others 2008 SCMR 1118; Dr. Farooq Sattar v. The State and others PLD 2002 Lah. 95; M. SiddiqueulFarooq v. The State PLD 2002 Kar. 24 and Muhammad Hayat and 2 others v. The State PLD 2002 Pesh. 118 ref. Muhammed Juman v. State 2018 SCMR 318 rel. JUDGMENT MOHAMMAD KARIM KHAN AGHA, J. Syed Hajan Shah was convicted by the learned Accountability Court No.1, Sindh at Karachi in Reference No.18/2002 vide judgment dated 19.08.2017 whereby the appellant was convicted under section 9(a) (vi) and (xi) of the National Accountability Ordinance, 1999 (NAO) and sentenced to suffer R.I. for ten (10) years and to pay fine of Rs.11,44,98,003/. The appellant was…

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