Law: National Accountability Ordinance, 1999

Section: 17A,12,12(iv),32(a)

Law: Criminal Procedure Code (V of 1898)

Section: 96,98,516A,517,518,519,520,521,522,523,5 24,525

National Accountability Ordinance (XVIII of 1999)--- ----Ss. 12 & 32---Freezing of property---Procedure---Principles---Appeal to High Court against the passed by Accountability Court vide which application for return of vehicles and jewellery etc. had been accepted---Maintainability---Provisions of S.12, National Accountability Ordinance, 1999 dealing with freezing of property, were self-sufficient and exhaustive provisions of law which had conferred powers on NAB Authorities for the purpose of freezing/seizing, attachment etc. of property of accused or any party thereof, whether in his possession; or possession of his relative, associate or person on his behalf---Said provision however had placed certain obligations on the Authorities to keep a check and balance to avoid misuse of the authority and it was mandatory that if any property was frozen/seized by the NAB Authorities, the order had to be passed by the Chairman NAB for freezing/seizure of the same, which was non-existent in the present case---Even if an order of seizure/frozen, attachment or prohibition was passed by the Chairman NAB, that would remain enforced for a period not exceeding 15 days unless confirmed by the court where the reference against accused was sent, but in the present case, there was no confirmation by the court concerned regarding the said claim/seizure by the NAB Authorities---Retaining property of respondent was in absolute violation of proviso to S.12(iv) of National Accountability Ordinance, 1999 as it could not be left at the discretion of NAB Authorities that they could choose according to their wishes any provision of law and apply same for their own benefit or to justify their illegal actions to deprive an individual of his property---Even otherwise the Legislature in its wisdom had prohibited right of appeal against an interlocutory order and impugned order was not final in nature as reference was still pending with NAB; appeal by NAB, was dismissed being incompetent in circumstances. JUDGMENT MUHAMMAD AHSAN BHOON, J.---This appeal is directed against the judgment dated 2-11-2007 passed by the learned Judge, Accountability Court, Lahore vide which the application…

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