IJAZ ANW AR, J.---The National Accountability Bureau, Islamabad, through, Prosecutor General Accountability , has impugned the judgment dated 31.10.2018 by filing instant appeal under sectio n 32 of National Accountability Ordinance, 1999 passed by learned Judge Accountability Court No.IV , Peshawar in Reference No.08/2017, whereby , respondents Nos.1 to 5 were acquitted of the charges levelled against them.
2. Brief facts leading to the instant appeal are that in pursuance to an inquiry and investigation conducted by National Accountability Burea, Khyber Pakhtunkhwa in respect of embezzlement/ misappropriation of government funds allocated for construction improvement of 10 Kilometer road from 'Ekka Ghund to Marble City via Darwazgia, Mohmand Agency' by the acquitted accused-respondents Nos.1 to 4, being officials of FATA Development Authority in connivance with Contractor i.e. acquit ted accused-respondent No. 5, Reference No.8/2017 was filed against them in the Accountability Court for trial. The main allegation against the accused-respondents as revealed from the charge framed by the Accountability Court was that they committed offences, as defined under section 9(a)(vi)
(xii), which is punishable under section 10 of NAO, 1999.
3. In order to prove its case, the NAB examined six witnesses, which includes Jawad Afridi, Asistant Director, Road and Infrastructure, FATA Development Authority (PW-1), Wasseem-ur-Rehman, Assistant, NAB Office (PW-2), Atta-ur-Rehman, MD FATA Education Foundation (PW-3), Ali Rehman, Banking Expert NAB (PW-4), Zafar Ali Shah, XEN, C&W Chitral (PW-5) and Syed Jamil-ur-Rehman, Assistant Director NAB (KP). After examination of said witnesses, statements of accused/respondents Muhammad Hamayun, Imtiaz Ahmad, Ijaz Ahmad, Hazrat Ali and Adil Hussain were also recorded under section 342, Cr.P.C, wherein, they denied the allegations levelled against them in this case. However, they wished not to produce defence or to appear on Oath as their own witnesses within the contemplation of section 340(2), Cr.P.C.
The learned trial Court, after hearing S the arguments of learned counsel for the parties, acquitted the accused/respondents vide impugned judgment/order dated 31/10/2018. Hence, the present appeal.
4. Arguments of the learned ADGP NAB heard and record perused.
5.
Perusal of record reveals that the accused/respondents were charged for misusing their authority being government officials and in connivance with each other caused loss to the exchequer to the tune of Rs.72.838 millions. It was alleged by the prosecution that respondents Nos.1 to 4 have paid funds to the contractor i.e. accused/respondent No.5 for the work, which in fact was not executed by him on the spot and fake entries were made in MBs (Measurements Book) without spot inspection. The main and the star witness produced by the prosecution in this case was Jawad Afridi (PW-1), who during cross-examination admitted that as per PC- 1 (Ex.PW 1/2) it was project of construction of 10 Km road and in response to a question put by the defence, he could not point out even a single document from the record of the project in question to show that either the work has not been executed by the contractor i.e. accused-respondent No.5 or there was any problem regarding the quality of the work. He further admitted that the road in question was being constructed on the basis of funds provided to the FDA by Ministry of SAFRON and as per record, SAFRON has never raised any objection or concerns in respect of the execution or quality of the work. The said witness further admitted that the project in question is ongoing project and 9 Kms road has already been constructed on the spot, whereas, 1 Km road is to be constructed. The bills exhibited during the course of examination of said witness available on Reference Book pertained to the payments made for the work already done on the spot. PW-1, Jawad Afridi, further admitted that the specifications of the project in question were prepared by the C&W Department and there is nothing on record, which was produced by him, that the construction of the road was not carried out according to the specifications as per PC-1.
6. The version of the prosecution, as mentioned in Reference referred to above, was that payments were made to the contractor without execution of the work and Syed Jamil-ur-Rehman, Assistant Director/I.O. NAB (PW-6) stated during cross-examination that the case of the NAB against the accused-respondents was regarding loss caused to the public exchequer due to non-execution of work. The prosecution has also not proved through any document that excess payments have been made to the C contractor or the contract was granted due to some extraneous considerations. The minute analysis of the entire evidence and record placed on file suggests that the project is still ongoing and 9 km road has already been constructed on the spot and delay in construction of the road was Occasioned due to law and order situation in the area. The prosecution has miserably failed to establish the charge against the accused-respondents through cogent, reliable and confidence inspiring evidence and authentic documentary record. The findings recorded and the conclusion drawn from the appraisal of evidence by the trial court are well founded and once it has recorded order of acquittal then presumption of innocence of the accused has become double thus, unless and until it is shown that the acquittal order is perverse, in disregard of law and is against the settled principles with regard to the appraisal of evidence, interference in such an order of acquittal by this court would be entirely unjustified.
7. Accordingly , this criminal appeal is found without merits, which is hereby dismissed in limine.