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

Case information

Citation: 2022 PLD 371 ISLAMABAD
Court: Islamabad High Court
Year: 2022
Reporter: PLD
Parties: SAAD SUMAIR vs NATIONAL ACCOUNTABILITY BUREAU (NAB) Ss
Subject matter: Criminal
Provisions referred to: S. 2; S. 5; National Accountability Ordinance

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

SAAD SUMAIR VS NATIONAL ACCOUNTABILITY BUREAU (NAB) Ss. 9 & 5(da)---Benami Transactions (Prohibition) Act (V of 2017), S. 2(8)---Constitution of Pakistan, Art. 199---Corruption and corrupt practices---Benamidar---Benami transaction---Pre-arrest bail, grant of---Accused sought pre-arrest bail in proceedings pending before the National Accountability Bureau (NAB)---Allegation against accused was that he was an associate of the main accused on whose behalf he was acting as Director of a company; that shares of the company were transferred in the name of accused in order to obtain a fraudulent finance facility from a bank; that the company misappropriated the amount of finance facility and the accused possessed the crime proceeds and subsequently transferred such proceeds in various other accounts---Held that nothing was placed by the NAB on record to establish that the consideration for acquisition of shares of the company had not been paid by the accused or that such consideration had been paid by another person, bringing transactions in the shares of the company within the definition of 'benami transaction' under S. 2(8) of the Benami Transactions (Prohibition) Act, 2017---National Accountability Bureau had not even bothered to collect share-transfer deeds recording the trial of sale of shares from previous members of the company to present members, in order to determine whether or not such transactions were made subject to payment of consideration---Record did not reflect that the accused was a 'benamidar' within the meaning of S. 5(da) of National Accountability Ordinance, 1999---Constitutional petition was allowed and the accused was admitted to pre-arrest bail, in circumstances.

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