Law: National Accountability Ordinance, 1999

Section: 14(c),32

National Accountability Ordinance (XVIII of 1999)--- ----Ss. 14 (c) ,  32---Assets beyond known sources of income---Appreciation of evidence---Appeal against acquittal---Onus to prove---Defective investigation---Duty of Investigating officer---Accused was alleged to have acquired assets beyond his known sources of income by misusing his authority---Accountability Court acquitted the accused of the charge---Validity---Accused owned the assets with the assertion that those were lawfully purchased by him through his legal means---By owning the assets though burden shifted on accused but still it was prosecution who had to establish that sources shown by accused firstly during inquiry/investigation and secondly before Accountability Court, were not legal or not in conformity with his properties---Investigating officer on each occasion failed to properly investigate the matter---Investigating Officer was obliged to investigate each and every aspect of case keeping in view the defence version taken by accused at the time of investigation---Prosecution was supposed to have discovered and proved the known sources of accused--- Scope of interference in appeal against acquittal was narrow and limited as in acquittal presumption of innocence was significantly added to the cardinal rule of criminal jurisdiction and accused was presumed to be innocent until proved guilty and such presumption of innocence was doubled---High Court declined to interfere in of acquittal passed by Accountability Court in favour of accused---Appeal was dismissed, in circumstances. Muhammad Hashim Babar v. State 2010 SCMR 1697; Ghani-ur-Rehman v. National Accountability Bureau PLD 2011 SC 1144 and The State v. Abdul Khaliq and others PLD 2011 SC 554 rel. JUDGMENT MUHAMMAD KAMRAN KHAN MULAKHAIL, JUSTICE:---.--- This appeal under section 32 of the National Accountability Ordinance, 1999 (hereinafter referred as ‘NAO, 1999’) is directed against the judgment dated 04th October, 2013, passed by the learned Judge Accountability Court-II Quetta, whereby, the respondent (Nisar Hussain Shah) was acquitted of the charge. 2. The brief facts necessary for adjudication of instant appeal are that a…

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