Cr.Acctt.A 3/2021 (D.B.) Sindh High Court, Karachi

Sindh High Court · 2021 · Before Shamsuddin Abbasi

Mr. Obaid-ur-Rehman, Advocate in Crl. Acctt. Appeal No.04 of 2021. Mr. Obaid-ur-Rehman, Advocate in Crl. Acctt. Appeal No.05 of 2021. M/s Muhammad Rehman Ghous & Raghib Ibrahim, Advocates in Crl. Acctt. Appeal No.05 of 2021. Ms. Sadia Khatoon, Advocate in Criminal Acctt. Appeal No.06 of 2021. Mr. Muhammad Jamil, Advocate in Criminal Acctt. Appeal No.07 of 2021. M/s Riaz Alam Khan, Special Prosecutors NAB. Mr. Irfan Ahmed Memon, DAG. <><><> Dates of hearings 31.08.2021, 08.09.2021, 16.09.2021, 23.09.2021, 24.09.2021 and 28.09.2021 Date of judgment 15.10.2021 <><><><><> Crl. Acctt. Appeal 3 of 2021 a/w other con nected matters Page 2 of 25 JUDGMENT SHAMSUDDIN ABBASI, J:- Nisar Ahmed Morai, Sultan Qamar Siddiqui, Haji Wali Muhammad, Imran Afzal and Shaukat Hussain, appellants, alongwith four others namely, Abdul Saeed Khan, Riaz Ahmed, Gul Munir and Abu Bakar, were tried by Accountability Court No.I {Sindh}, at Karachi, in Reference No.02 of 2018. By a judgment dated 20.02.2021 all appellants were convicted under Section 10 of National Accountability Ordinance, 1999 (NAO, 1999) for commission of offences of corruption and corrupt practices under clauses (vi)(xii) of Sub-section (a) of Section 9 of NAO, 1999, and sentenced to undergo imprisonment for seven years each and to pay a fine of Rs.10 million each as well as to suffer a further imprisonment for two years each in lieu of fine while accused Abdul Manan, who was absconder and declared proclaimed offender at trial, was also convicted in his absentia under Section 33-A of NAO, 1999, and sentenced to imprisonment for three years. Nisar Ahmed Morai, appellant No.1 was also convicted under Section 10 of NAO, 1999 for commission of misuse of authority through illegal appointments in FCS as defined under Section 9(a)(vi) of NAO, 1999 and sentenced to imprisonment for four years and to pay a fine of Rs.500,000/- as well as to undergo imprisonment for a further period of five months in lieu of default while appellants No.2 Sultan Qamar Siddiqui and accused Abdul Saeed Khan were acquitted on the same charge. As the charges of embezzlement of funds of trash-fish through auction without gate-pass were not proved against appellants Nisar Ahmed Morai, Sultan Qamar Siddiqui, accused Abdul Saeed Khan, Riaz Ahmed, Gul Munir and accused Abu Bakar, the learned trial Court acquitted them of the charge. The sentences awarded to Nisar Ahmed Morai, appellant No.1, in both counts were ordered to run concurrently and the benefit in terms of Section 382-B, Cr.P.C. was extended in favour of all convicted accused.

2. Short but relevant facts of the case are that on 21.12.2017 the Director General, NAB, Karachi, filed Reference No.02 of 2018, nominating 13 accused persons including appellants, stating therein that they being holders of public office have misused their authority and caused a colossal loss to the tune of Rs.343.796 million to Fishermen Cooperative Society {FCS}, which constitute an offence of corruption and corrupt practices as defined under Section 9(a) of NAO, 1999 punishable under Section 10 of the Ordinance and Schedule thereto. Crl. Acctt. Appeal 3 of 2021 a/w other con nected matters Page 3 of 25

3. Based on an information regarding misuse of authority, embezzlement of funds and illegal appointments in FCS, an inquiry was initiated against Nisar Ahmed Morai, Ex-Chairman FCS and Sultan Qamar Si…

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