Law: National Accountability Ordinance, 1999

Section: 12,13,5(d)(a)

National Accountability Ordinance, 1999 (XVIII of 1999)-- ----Ss. 12 , 13--Filing of reference--Vehicles were taken into possession--Seization of vehicles--Benami ownership--Abusing of powers--Jurisdiction--Applications for return of vehicles--Dismissed by NAB--Case property--Challenge to--Non-application of provisions of Cr.P.C.--It is settled law that when a special statute confers special powers and jurisdiction and provides a special form of procedure then they will prevail over procedure or provisions of Cr.P.C.--There is nothing on record to satisfy required threshold of having ‘reasonable grounds to believe’ that five vehicles are connected with offences alleged to have been committed by Respondent--Powers were exercised unlawfully and arbitrarily under Cr.P.C on mere suspicion because vehicles were found at Propertys are not accused of committing any offence under Ordinance of 1999 nor are any proceedings pending against them there under--There is also nothing on record to show benami ownership or control of Respondent--Detention and seizure of five vehicles was, without lawful authority and jurisdiction and an abuse of powers by officials of Bureau--It was not a case of handing over temporary possession (superdari) because vehicles could not have been treated as ‘case property’ in relation to alleged offences committed by Respondent--Petitions allowed. 1991 SCMR 599, 1995 SCMR 1249, 2017 SCMR 999 , PLD 2012 SC 400 ref. National Accountability Ordinance, 1999 (XVIII of 1999)-- ----S. 5(da)--Benamidar--Any person who ostensibly holds or is in possession or custody of any property of any accused on his behalf and for benefit and enjoyment of accused.[P. 6] A JUDGMENT Athar Minallah, C.J.--Shah Rukh Jamal, son of Jamaluddin, Dr. Muhammad Tayyab Khan, son of Abdul Jabbar Khan and Muhammad Haris Khan, son of Dr Muhammad Tayyab Khan [hereinafter referred to as the “Petitioner No. 1, Petitioner No. 2 and Petitioner No. 3 respectively and, collectively, as the “Petitioners”] have invoked the constitutional jurisdiction of this Court, vested under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973 [hereinafter referred to as the…

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