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Syed KHURSHEED AHMED SHAH (MNA) vs NATIONAL ACCOUNTABILITY BUREAU Ss — 2022 YLRN 159 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2022 YLRN 159 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2022
Parties
Syed KHURSHEED AHMED SHAH (MNA) vs NATIONAL ACCOUNTABILITY BUREAU Ss
Subject matter
Criminal
Provisions referred to
S. 14; 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

Syed KHURSHEED AHMED SHAH (MNA) VS NATIONAL ACCOUNTABILITY BUREAU Ss. 9(a)(v), (b) & 14(c)---Constitution of Pakistan, Art. 199---Constitutional petition---Bail, refusal of---Assets beyond means---Presumption---Shifting of onus to prove--- Principle--- Petitioner was arrested by National Accountability Bureau (NAB) for having assets beyond his known sources of income---Validity---Mere possession of any pecuniary resources or property by itself is not an offence---Failure of accused to satisfy account for such possession constitutes an offence---If accused cannot explain, the presumption under S. 14(c) of National Accountability Ordinance, 1999, that accused is guilty of corruption and corrupt practices and acquired assets beyond his sources is required to be drawn---Evidence brought on record read with presumption under S. 14 of National Accountability Ordinance, 1999, established alleged charge against accused beyond reasonable doubt---No mala fide or ill will was pointed out against investigating officer or NAB authorities---Material on record prima facie connected accused with alleged offence---Bail was declined in circumstances.

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