Law: National Accountability Ordinance, 1999

Section: 9(a)(VI)

Law: Constitution of Pakistan, 1973

Section: 199

National Accountability Ordinance, 1999-- ----S. 9(a)(vi)--Constitution of Pakistan, 1973, Art. 199--Post-arrest bail--Grant of--Charge of misuse of authority--Application for grant of liquor license--Invitation of proclamation objections--Procedural requirements--Report of excise and taxation officer--Recommendation for grant of license--Grant of license--Material inadequacies were not addressed--Withdrawal of licence--Procedural irregularity--Exercise of jurisdiction--Writ petition--Allowed--Culpability of petitioner--Challenge to-- No evidence whatsoever is available on file to suggest any misuse of authority by petitioner as different memos available on record indicate that codal formalities were fulfilled prior to grant of licence to hotel--Prosecutor for NAB could not point out any material from record showing any mens-rea or if petitioner misused his authority for some ill-gotten gain in context of misuse of authority--It is also settled by now that mere procedural irregularity in exercise of jurisdiction may not amount to misuse of authority--Law merely attracted where exercise of authority for a purpose not intended by law, where a person in authority acts in violation of law with conscious knowledge that his act was without authority of law--No document, whatsoever was available on record or referred to by Special prosecutor for NAB suggesting guilty intent of petitioner, thus, culpability of petitioner needs serious consideration, thus, petitioner is entitled to relief prayed for--Petition allowed. ORDER Through this petition filed in terms of Article 199 of the Constitution of Islamic Republic of Pakistan, the petitioner seeks post arrest bail in Inquiry No. 1989-2019/DO(L)-NAB/HQ Headquarter. The petitioner was served upon with the following grounds of arrest: (i) The accused person, by misuse of authority, granted illegally L-2 Liquor License to Unicorn Prestige Hotel for which the hotel was not otherwise eligible at that time; (ii) Whereas Unicorn Hotel did not have 4/5 star rating, which is necessary/primary condition for obtaining the L-2 Liquor License, the L-2 License was granted to M/S Unicorn Prestige Ltd without first obtaining 4/5 star…

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