Law: Pakistan Penal Code, 1860

Section: 70

Law: National Accountability Ordinance, 1999

Section: 33-E

Law: Criminal Procedure Code (V of 1898)

Section: 386

(a) Penal Code (XLV of 1860)--- ----S. 70---Criminal Procedure Code (V of 1898), S. 386---Fine, imposition of---Sentence of imprisonment in default of payment of fine---Scope---Sentence of imprisonment in default of payment of fine was not a substitute for payment of fine but as a matter of fact the said sentence of imprisonment was a punishment for non-payment of fine---Even if such sentence of imprisonment in default of payment of fine was undergone by a convict the amount of fine was still to be recovered from him. Ahmad Ali Siddiqui v. Sargodha Central Cooperative Bank Limited and another 1989 SCMR 824 ref. (b) National Accountability Ordinance (XVIII of 1999)--- ----S. 33-E---Penal Code (XLV of 1860), S. 70---Fine imposed under the National Accountability Ordinance, 1999---Recovery of---Question as to whether by virtue of the provisions of S. 70, P.P.C. the amount of fine imposed upon a convict by the Accountability Court under the National Accountability Ordinance, 1999 could be recovered after a period of six years after passage of the sentence or fine---Held, that in S. 33-E of the National Accountability Ordinance, 1999, it had categorically been provided that a fine imposed upon a convict was to be recovered by way of arrears of land revenue and the said provision was not controlled by or subject to the provisions of S. 70, P.P.C.---In the matter of recovery of fine in cases under the National Accountability Ordinance, 1999 the relevant provisions were those of S. 33-E of the National Accountability Ordinance, 1999 and not those of S. 70, P.P.C. THIS JUDGMENT DELIVERED BY: ASIF SAEED KHAN KHOSA, C.J.--- Criminal Miscellaneous Application No. 554 of 2018 in Criminal Appeals Nos. 161 to 164 of 2010 Through this miscellaneous application the applicant wanted an opportunity to be heard in the subject appeals and we have heard him in person at some length-. This miscellaneous application is, therefore, disposed of. Criminal Appeals Nos. 160, 161, 162, 163, 164 of 2010, 235 of 2014, 38 of 2018 and Criminal Petition No. 27-Q of 2011 2. These appeals and petition pertain to different References filed by the National Accountability Bureau against different…

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