Extent and scope-Provision of S.26 of the National Accountability Bureau Ordinance, 1999 provides that the jurisdiction of the NAB Authorities to tender pardon to the accomplice is limited to the stage of investigation or inquiry-’Investigation’ and ‘inquiry’ are not defined in the said Ordinance, however, Ss. 4(k) & 4(1), Cr.P.C. define these terms-Legislature in its wisdom has intentionally omitted the word ‘trial’ from the provisions of S.26 of the National Accountability Bureau Ordinance, 1999 which has not been defined in the said Ordinance or in the Cr.P.C.-Trial, however, commences on framing of charge against the accused and it is a totally misconceived view that before framing of the charge, Court indulges into inquiry under S.265-D, Cr.P.C. and the case can be considered at the stage of inquiry-Sections 18 to 24 of the National Accountability Bureau Ordinance, 1999 deal with the scope of investigation and inquiry-Once a reference is filed, the Chairman, NAB loses jurisdiction and becomes functus officio and it then becomes the exclusive jurisdiction of the Trial Court-After submission of reference if some substantive step is required to be taken in the case by the prosecution, it shall only be with the permission of the Court as provided by Ss.31-B & 25 of the National Accountability Bureau Ordinance, 1999.
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