SYED ANWAR BADSHAH versus CHAIRMAN, NATIONAL ACCOUNTABILITY COURT, ISLAMABAD
Section 9 (a) (v) Appraising evidence beyond known sources of income The accused accused of sources of income was convicted of corruption and misconduct by acquiring assets beyond known sources of income. , The source of the accused's income was never registered, to prove the commission of the offense under section 9 (a) (v) of the National Accountability Ordinance, 1999, during the investigation of the case or during the trial Determined or affirmed by the prosecution, the prosecution had to prove what its known sources were at the time of the accused's income. And they were accused of resources or property disproportionate to his known sources of income. The seizure of any economic resources or property was not a crime in itself but it was a failure to provide satisfactory account of such possession of such resources or property. This will make the occupation questionable and the relevant offense will be established. The prosecution did not present any evidence of his name, thereafter establishing any misuse of his powers by the trial court accused so as to misuse his powers and to exploit the wealth and assets thereon. In the absence of any evidence made by them and in the absence of any evidence by them, in the absence of any evidence that could come on record by the prosecution, the accused was not established by the accused. The accused was set aside and convicted and was acquitted of the charge. Appeal was allowed under the circumstances.
Related judgments — Peshawar High Court NWFP, 2013