Law:

Section:

(a) National Accountability Ordinance (XVIII of 1999)-------S. 10---Constitution of Pakistan (1973), Art.185(3)---Corruption and corrupt practices---Punishment---Leave to appeal was granted to reappraise the entire evidence particularly, with regard to the culpability of the accused a public servant, and in order to ascertain as to whether the procedure followed by the accused could have made him responsible for the offence under S.10, National Accountability Ordinance, 1999. (b) National Accountability Ordinance (XVIII of 1999)--- ----Ss. 9, 10 & 14---Corruption and corrupt practices---Accused a public servant, had not acted in good faith---Nothing done without due care and caution could be accepted as having been done in good faith---Such principle though has the statutory backing by virtue of S.52, P.P.C., yet trial of the accused in the present case, having been held under National Accountability Ordinance, 1999, said principle may not be stricto senso applicable to the trial under the Ordinance yet the principle is well recognized in the administration of criminal justice. (c) National Accountability Ordinance (XVIII of 1999)--- ----Ss. 9(vi), 10 & 14---Constitution of Pakistan (1973), Art.185---Appeal to Supreme Court---Corruption and corrupt practices---Evidence brought on the record read with the presumption under S.14, National Accountability Ordinance, 1999 established the charge against the accused beyond any reasonable doubt---Findings of fact recorded by two Courts below , were based on evidence---Supreme Court declined interference in circumstances. (d) National Accountability Ordinance (XVIII of 1999)--- ----Ss. 9(vi), 10 & 14---Constitution of Pakistan (1973), Art.185---Appeal to Supreme Court---Corruption and corrupt practices--Punishment---Mitigating circumstances---Accused, who was Land Acquisition Officer, in the present case, was arrested on 29-5-2001 and was ordered to be released on bail on 19-3-2003, thus he had been confined to the prison for a total period of about 22 months while the High Court had reduced the sentence to 2-1/2 years allowing him the benefit of S.382-B, Cr.P.C.---Accused, in his official capacity had…

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