SARDAR HUSSAIN vs State Ss — 2025 SCMR 2001 SUPREME-COURT

Case information

Citation: 2025 SCMR 2001 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2025
Reporter: SCMR
Parties: SARDAR HUSSAIN vs State Ss
Subject matter: Criminal
Provisions referred to: 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

SARDAR HUSSAIN VS State Ss. 9(a)(iii)(vi) & 9(a)(xii)---Mis-appropriation, misuse of authority and abetment---Re-appraisal of evidence---Confession of co-accused---Effect---Appellant / accused along with co-accused was alleged to have misappropriated funds of Pakistan Tabacco Board by misusing his authority---Conviction and sentenced awarded to appellant / accused by Trial Court was maintained by High Court but amount of fine was reduced---Validity---Complaint made by Pakistan Tobacco Board was primarily against co-accused and not against appellant / accused---Confidential report was prepared by officials of complainant Board on the statement of accountant, which depicted that embezzlement was made by co-accused who had confessed almost all allegations of forging / tampering cheques and preparing fake documents depicting deposits in bank account of complainant Board---Fact finding committee did not name appellant / accused as embezzlement had taken place because of co-accused and defects in accounting system adopted by complainant Board---Prosecution failed to make out a case of misuse of authority under section 9 (a)(vi) of National Accountability Ordinance, 1999 against appellant / accused---Supreme Court set aside conviction and sentence awarded to accused by two Courts below and he was acquitted of the charge---Appeal was allowed.

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