Law: National Accountability Ordinance, 1999

Section: 9(1)(vi)

Law: Qanun-e-Shahadat (10 of 1984)

Section: 59

(a) Administration of justice--- ----Good governance---Scope---State functionary has to act in accordance with law not on his whim, capricious and arbitrary manner and follow the procedure as nobody is above the law. (b) National Accountability Ordinance (XVIII of 1999)--- ----S. 9(a)(vi)---Qanun-e-Shahadat (10 of 1984), Art. 59---Misuse of authority---Appreciation of evidence---Hand writing expert report---Accused persons were President of Clerk Association and custodian of record who sold out plots belonging to the Association---Trial Court convicted both the accused persons for misuse of their authority and sentenced them to imprisonment along with fine---Validity---Hand writing expert appeared before Trial Court and produced report and confirmed the facts that documents bearing signatures were of the accused---Accused as President of the Association, misused his authority and acted illegally in order to facilitate the beneficiary, whereas his co-accused was custodian of record who transferred land of Association to a private person, despite the fact that they had to protect the interest of government and citizens---All prosecution witnesses stood firm on their deposition and accused failed to create material contradictions/doubt in the evidence which could make the case of prosecution doubtful---Appeal was dismissed in circumstances. JUDGMENT ABDUL HAMEED BALOCH, J.---Through this common judgment we intend to dispose of the Criminal Ehtesab Appeal No. 03 of 2013 and Criminal Ehtesab Appeal No. 04 of 2016, arising out of the same judgment dated 20.09.2013 (impugned judgment), passed by the Accountability Court-I, Balochistan Quetta (trial court), whereby the appellants were convicted and sentenced as under: Resultantly, accused Abdul Nabi/Nabi Bux and Muhammad Jaffar have been found guilty of committing offence under section 9(vi) of the Ordinance. Resultantly, accused Abdul Razzaq Rind is convicted of the offence under section 10 of the Ordinance and sentenced to three (03) years RI with a fine of Rs.8,00,000/- and in default of payment of fine to further undergo RI for 6 months. 19. Accused Abdul Nabi/Nabi Bux and Mohammad Jaffar are also convicted of the…

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