Case Details

Citation(s)
2020 SLG 1263 2020 SLD 1263 2020 PLD 365
Sindh High Court
Constitution Petitions Nos. D-1437, D-2356, D-4604, D-2976,D-2235, D-2236, D-1776, D-1851, D-1850 and D-6623 of 2019,decision Dated: 13-12-2019.
OMAR SIAL, JUSTICE ZULFIQAR ALI SANGI, JUSTICE
Allah Nawaz Dull for Petitioner (in C.P. No. D-4604 of 2019).Riaz Alam Khan and Sattar Muhammad Awan, Special Prosecutors NAB along with Asif Raza, I.O. for
Respondents.

AGHA MASSIHUDDIN KHAN DURRANI AND OTHERSVSCHAIRMAN, NATIONAL ACCOUNTABILITY BUREAU, ISLAMABAD AND OTHERS

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

Section: 9(a)(v)

Law: Police Rules, 1934

Section: 25(1)

Law: Criminal Procedure Code (V of 1898)

Section: 4(1)

(a) National Accountability Ordinance (XVIII of 1999)--- ----S. 9(a)(v)---Assets beyond known sources of income---Proof---Necessary ingredients---To establish an offence under S.9(a)(v) of National Accountability Ordinance, 1999, three ingredients have to be satisfied: Nature and extent of pecuniary resources of property which were found in his possession; it must be proved as to what was his known sources of income; and it must be proved, quite objectively, that such resources or property found in possession of accused were disproportionate to his known sources of income. Hakim Ali Zardari v. The State 2007 MLD 910 rel. (b) Police Rules, 1934--- ----R. 25(1)---Criminal Procedure Code (V of 1898), S.4(l)---Investigation---Object, scope and purpose---Investigating officer is bound to find out the truth of the matter under investigation---Object is to discover the actual facts of the case and to arrest real offender or offenders---Investigating officer was not to commit himself prematurely to any view of the facts for or against any person. (c) Criminal trial--- ----Investigation---Essentials---Prosecution department is to ensure that investigation carried out and evidence collected is of such a nature and strength that it can withstand closer scrutiny when the case is in court. (d) Constitution of Pakistan--- ----Arts.10A & 25---Decisions by Courts of law---Principles---Perceptions may be stronger than reality but Courts of law cannot base their decisions on perceptions and presumptions unless the same are warranted by law---Each citizen pursuant to Art.25 of the Constitution is ensured equal protection of law---Every citizen has the right of a fair trial under Art.10-A of the Constitution. (e) National Accountability Ordinance (XVIII of 1999)--- ----S. 18(c)---Criminal Procedure Code (V of 1898), S.103---Investigation---House search---Procedure---Procedure exists in law for a law enforcement agency to search a home of a person---National Accountability Bureau is to follow the procedure laid down in S.103 Cr.P.C. while conducting house search. (f) National Accountability Ordinance (XVIII of 1999)--- ----Ss. 9(a)(v), (b) & 24---Constitution of Pakistan,…
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