Law: National Accountability Ordinance, 1999

Section: 9

Law: Constitution of Pakistan, 1973

Section: 199

National Accountability Ordinance (XVIII of 1999)--- ----S. 9---Constitution of Pakistan, Art. 199---Corruption and corrupt practices---Sales tax claim---Pre-arrest bail, confirmation of---Defective investigation---Scope---Prosecution case was that the accused persons, being Inspectors of Federal Board of Revenue, submitted false physical verification reports regarding three manufacturing units which enabled three businesses to register under the sales tax laws and subsequently claimed sales tax refunds---No evidence was available to establish that the accused persons were beneficiaries of the ill-gotten money---Prosecution had yet to establish whether the sales tax refund claims were false or genuine---Investigating Officer had not even once visited the business premises during the course of inquiry or investigation---Fundamental Right of freedom and movement of the accused persons could not be curtailed on a mere unsubstantiated allegation that the manufacturing units did not exist---Ad-interim pre-arrest bail already granted to the accused persons was confirmed, in circumstances. ORDER OMAR SIAL, JUSTICE:---.--- Sped Qamar Ali (the petitioner in C.P. No. 4252 of 2017) and the petitioner Mumtaz Ali Nizamani (the petitioner in C.P. No. 5835 of 2017) are both accused and facing trial in NAB's Reference No. 14 of 2018. Through these petitions they have sought pre-arrest bail. 2. The allegation against the two petitioners is that both were working as Inspectors, RTO-II, FBR and that petitioner Syed Qamar Ali submitted false physical verification reports regarding the premises and manufacturing units of Z.A. Exports whereas petitioner Mumtaz Ali Nizamani submitted false physical verification reports regarding the business premises of Wakeel Enterprises and Majestic Industries. The false reports enables the three businesses to register under the sales tax laws and subsequently claim sales tax refunds to the tune of Rs.12,472,375 and 68,469,027. 3 We have heard the learned counsel for the petitioners as well as the learned Special Prosecutor, who was assisted by the investigating officer of the case, and have perused the record with their able assistance. 4. The…

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