| Case ID |
10024b4f-9463-43d8-80bd-80db0914d8a4 |
| Body |
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| Case Number |
Criminal Appeal No. 7-P of 2012 |
| Decision Date |
Jan 16, 2013 |
| Hearing Date |
Jan 16, 2013 |
| Decision |
The Peshawar High Court allowed the appeal filed by Ghulam Basit against the judgment/order dated 13-6-2012 passed by the Judge Accountability Court-I, Peshawar. The court found that the prosecution failed to prove that the property in question was a benami transaction linked to the accused, Jamil Tariq. The court emphasized that the appellant provided sufficient evidence to establish his ownership of the property through independent sources, including payment via four cheques. The court set aside the trial court's order and released the disputed house. |
| Summary |
In the case of Ghulam Basit vs The State, the Peshawar High Court dealt with an appeal concerning the freezing of property under the National Accountability Ordinance, 1999. The court evaluated the evidence presented regarding ownership and the nature of the transaction, emphasizing the need for clear proof of benami transactions. The ruling underscored the importance of legal ownership and the failure of the prosecution to establish a connection between the appellant and the accused's alleged corrupt practices. The court ultimately ruled in favor of the appellant, allowing for the release of the property. The decision addresses key aspects of property rights and accountability under Pakistani law, making it a significant case in the realm of property disputes and corruption cases involving the National Accountability Bureau. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
Khalid Mahmood,
Jehan Khan Akhundzada
|
| Lawyers |
Rashidul Haq Qazi,
Shaukat Ali
|
| Petitioners |
Ghulam Basit
|
| Respondents |
The State
|
| Citations |
2013 SLD 458,
2013 PCRLJ 1797
|
| Other Citations |
Tanvir Ahmad and 9 others v. The State 2009 PCr.LJ 919,
Muhammad Sajjad Hussain v. Muhammad Anwar Hussain 1991 SCMR 703,
Iqbal Ahmad Turabi and others v. The State PLD 2004 SC 830
|
| Laws Involved |
National Accountability Ordinance, 1999
|
| Sections |
5(da),
12,
13,
32
|