Law: National Accountability Ordinance, 1999

Section: 13,23

Law: Criminal Procedure Code (V of 1898)

Section: 417

(a) National Accountability Ordinance (XVIII of 1999)--- ----Ss. 13 ,  23---Objection against freezing of Bank accounts was alleged to have accumulated assets beyond means---Pending trial, bank accounts of petitioner and his family members were frozen and put under caution under S. 23 of National Accountability Ordinance, 1999 filed application for releasing certain amounts for meeting household expenses but the same was dismissed---Trial culminated in acquittal of the petitioner after acquittal, moved application under S. 13 of National Accountability Ordinance, 1999, for lifting caution but it was also dismissed on the ground that since National Accountability Bureau (NAB) has filed acquittal appeal, a continuation of trial, as such court could not decide the issue---Validity---Section 23 of National Accountability Ordinance, 1999, allowed the Chairman, NAB, to put caution on the property of an accused involved in an offence from transferring the same, creating charge, alienating possession thereof, etc., however, after conclusion of trial, resulting into acquittal of the accused, vires of power exercised as such came to an end and got merged into the ---Challenge to High Court did not change the situation, unless ordered otherwise and the appeal was admitted for regular hearing---Impugned order was set aside and the application as well as the constitutional petition was allowed as prayed for. (b) Appeal against acquittal--- ----Element of doubt presumption of innocence running in favour of the accused would lean strongly against any presumed probability of its being upset in the acquittal appeal. (c) Criminal Procedure Code (V of 1898)--- ----S. 417---Appeal against acquittal---Scope---Principles governing consideration in acquittal appeal are quite distinctive to what regulates the appeal against the conviction---Acquittal appeal is not right of the appellant, whereas, it is vice versa in the appeal against conviction. ORDER MUHAMMAD IQBAL KALHORO, JUSTICE:---.--- Petitioner No.1 standing a trial in Reference No.12/2017 against allegation of accumulating assets beyond source of income, in the enquiry of which, his and his family members’ bank accounts…

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