Law: National Accountability Bureau Ordinance, (XVIII of 1999)

Section: 9(a)(x)(xi)(xii),10

Law: Criminal Procedure Code (V of 1898)

Section: 265-K

Law: Penal Code (XLV of 1860)

Section: 405,409

National Accountability Ordinance, 1999 (XVIII of 1999)-- ----Ss. 9(a)(x)(xi)(xii) ,  10--Criminal Procedure Code, (V of 1898), S. 265-K--Pakistan Penal Code, (XLV of 1860), Ss. 405 ,  409--NAB reference--Corruption and corrupt practices--Dismissal of application for acquittal--Writ petition--Dismissed--Allegation of selling of JP-1 in open markets were employees of Shell Pakistan--Entrustment of property--Criminal breach of trust--Non-examining of essential ingredients--There was no ‘entrustment’ of property (i.e., JP-I) in present case at all that could have made case against Petitioners fall within scope of provisions of Section 405, P.P.C. and consequently constituted an offence under Section 9(a)(x)(xi) of NAB Ordinance--Word ‘trust’ has been used in Section 405 in ordinary sense of that word, and covers not only relationship of trustee and beneficiary but also that of bailer and bailee, master and servant, pledger and pledgee, guardian and ward, and all other relations that postulate existence of a fiduciary relationship between complainant and accused--Where there is no entrustment of property, there can be no criminal breach of trust--Act of selling JP-I owned by their employer-company, SPL, in open market by Petitioners, even if accepted to be true, does not constitute offence either under Section 405 or under 409 of P.P.C.--Findings of Accountability Court and High Court, having been made without examining essential ingredients of offence under Sections 405 and 409 of P.P.C. and of offence under Section 9(a)(x)(xi) of NAB Ordinance, are found legally incorrect--Application under Section 265-K of Cr.P.C.--No offence cognizable by NAB and triable by Accountability Court under NAB Ordinance is involved in present case--In this background, Civil Petition No. 620/2021 is converted into appeal and allowed--Resultantly, proceedings pending before Accountability Court in NAB Reference No. 16 of 2018, are hereby quashed being without jurisdiction.  [Pp. 386, 387, 388 ,  389] B, C, D, E, F ,  G National Accountability Ordinance, 1999 (XVIII of 1999)-- ----S. 9(a)(x)--Criminal breach of trust--Section 9(a)(x) applies only to commission…

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