Court quashes NAB reference against private firm owners


reference against two owners of a private firm and acquitted them of the charges of cheating public at large.
The judge Hafiz Naseem accepted an application filed by the two accused persons Arshad and Nadeem, owners of Sky Pharmacy, under section 265 D of the Code of Criminal Procedure requesting not to frame charge against them and to quash the reference as the National Accountability Bureau (NAB) was not empowered to interfere in a monetary dispute between two parties.
The NAB Khyber Pakhtunkhwa had filed reference alleging cheating public at large and mass scam against accused.
Senior advocate Shumail Butt appeared for the defense arguing that it was not a matter within jurisdiction of NAB to settle private disputes.
He stated that the complainants including Hammad Malik Advocate had already brought suits and lodged FIRs against accused and it was clearly a private matter amongst parties.
It was also brought to the attention of the court that NAB as per its own SOP require 50 or more complaints to consider a matter involving public at large which was not the case in instant matter.
Defence pleaded that the matter involves usurious interest as complainants were demanding compound interest from accused and upon refusal got the reference filed in connivance with NAB authorities.
The court was informed that SC has commented in a judgment that NAB cannot be permitted to become ordinary police force remedying private vendetta.
The complainant argued that accused were known as ‘double shahs’ and were involved in deceiving general public.
The court accepted the application and refused to charge the accused under NAB law and thus dismissed the reference upon conclusion of arguments

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