SAAD SUMAIR vs NATIONAL ACCOUNTABILITY BUREAU (NAB) S — 2022 PLD 371 ISLAMABAD

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SAAD SUMAIR VS NATIONAL ACCOUNTABILITY BUREAU (NAB) S. 9---Constitution of Pakistan, Art. 199---Corruption and corrupt practices---White collar crime---Bail---Scope---Requirements of conducting an inquiry or investigation in relation to a violent crime versus a white-collar crime cannot be lost on a constitutional court exercising judicial review powers over the state's decision to arrest a citizen---Consequently, the distinction between pre-arrest and post-arrest bail as understood in relation to investigation of offences under the Pakistan Penal Code, 1860 might not be as pertinent in relation to the National Accountability Ordinance, 1999---Restraint applied by granting more leeway to the police in its exercise of arrest powers under S. 54 of Cr.P.C. is in consonance with the settled law that courts loath to interfere with the conduct of investigation, which falls within the domain of the executive, and the discretion exercised by the police in collecting evidence for purposes of prosecution or detention of an accused to prevent a repeat of the offence or destruction of evidence in the immediate aftermath of a crime having been committed---However, the concept of physical recovery of incriminating evidence, including weapon, or management of the crime scene does not equally apply to white-collar crime as it does to violent crime---As white-collar crime undertaken by public office holders largely involves documentary evidence, which is often in the custody of State or regulatory authorities or juristic persons, which cannot be easily destroyed by an individual accused, considerations such as preservation and collection of evidence or prevention of a repeat offence posing a threat to the public if the accused is not apprehended, are not fully attracted in the investigation of white-collar crime.

SAAD SUMAIR vs NATIONAL ACCOUNTABILITY BUREAU (NAB) S — 2022 PLD 371 ISLAMABAD

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