Law:

Section:

National Accountability Ordinance (XVIII of 1999)--- ----Ss. 9(a)(iv)(v), 10 & 14(c)---Corruption and corrupt practices--Appreciation of evidence---Burden of proof---Accused was a public servant and properties acquired by him were disproportionate to his salary and emoluments which were not sufficient for purchase of said properties--Ingredients of the offence were proved---Burden lay on the accused to explain satisfactorily the acquisition of properties disproportionate to his income under S.14(c) of the National Accountability Ordinance, 1999---Accused was bound to prove beyond shadow of doubt that he had acquired the properties through known source and legitimate means---Accused I declared the value of the acquired properties below the prevailing market price in order to bring the value of the same in line with his known source of income which was not sufficient for buying the properties in question---Prosecution had proved its case against the accused beyond reasonable doubt---Presumption of involvement of the accused in corrupt practices was fully attracted in the case---Findings of the Trial Court were upheld; accused was ordered to serve the remaining sentence while properties found to be acquired by unlawful means were forfeited---Appeal was disposed of accordingly. Jameel Akhtar Kiyani and another v. The State 2006 PCr.LJ 1409; 2007 MLD 910; Abdul Aziz Memon v. The State 2003 YLR 617; Iqbal Ahmed Turabi and 2 others v. The State MLD 2004 77; Chaudhary Aamir Ali v. The State 2002 YLR 1902 and Hakimali Zardari v. The State 2007 MLD 910 rel. ORDER IRFAN SAADAT KHAN, J.---This is an appeal under Section 32 of National Accountability Bureau Ordinance, 1999 (NAB Ordinance) against the judgment dated 6-11-2001, passed in NAB Reference No.38 of 2001 by the Administrative Judge of Accountability Courts, Sindh, Karachi, convicting the appellant under section 10 of NAB Ordinance and sentencing him to undergo' R.I. for five years and to pay a fine of Rs.2,00,00,000 (Rupees Two Crores). In default of payment of fine, the appellant would further undergo R.I. for 2-1/2 years. The properties belonging to the appellant were also ordered to be forfeited. The…

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