19 June 2004	Saturday	30 Rabi-us-Saani 1425

KARACHI, June 18: An accountability court sentenced on Friday a former general manager of Thatta Cement Factory to a three-year term of rigorous imprisonment for misappropriation of over Rs17 million.

Judge Qaiser Iqbal of the AC-1, who is also the administrative judge of all ACs, also imposed a fine, equivalent to the misappropriated amount, on Maqsood Ahmed, who would have to undergo an additional one-year simple imprisonment in case of default on payment.

According to prosecution, the State Cement Corporation of Pakistan enhanced the price of cement on Oct 20, 1998. Record showed that 5,945 metric tonnes of cement was sold out at the previous rate, causing huge losses to the company.

Besides, it was alleged that 4,397 metric tonnes of cement was sold out which was not accounted for in the accounting books of the office and this caused a loss of Rs1,78,90,200 to the TCF.

The excise and customs department raided the company on Oct 24, 1998, and they claimed Rs41 lacs and some amount on the account of difference of excise duty in respect of difference in price of cement sold out in the above period.

The judge in her judgement observed: "Accused Maqsood Ahmed son of Mohammad Yaqoob is found guilty of committing the offence of corruption under Section 9 of the National Accountability Ordinance 1999, and is hereby convicted under Section 10 of the National Accountability Ordinance 1999, sentenced to undergo RI for three years and to pay a fine of Rs1,78,90,200."

The accused was also disqualified for 10 years from being elected, chosen, appointed or nominated as a member or representative of any public body or any local authority or in service of Pakistan or of any province.

Special public prosecutor Nadeem Shah contended that despite communication of the order of the competent authority, all despatches of the cement products were not suspended by the accused.

He argued that accused Maqsood Ahmed did not suspend the despatches of cement and sold cement on cheaper prices despite receipt of orders from the competent authority about the raise in the prices of different brands of cement produced by TCCL.

The prosecutor contended that the accused, by abusing his official position, prepared the record for tax purpose showing sale as 5945 metric tonnes of three brands of cement at previous price.

He submitted that the accused did not account for 4397 metric tonnes of cement amounting to Rs17.890 million sold and despatched during the relevant period.

The prosecutor contended that the accused neither implemented the orders regarding increase in price, nor accounted for a shortage in cement.

He said the accused in his official capacity as manager sales and despatches had actually despatched in all 10,242 metric tonnes of different brands of cement and showed 5,945 metric tonnes, whereas the remaining quantity of 4,297 metric tonnes was neither shown in the record, nor accounted for in accounts books and thereby caused loss of Rs1,78,90,200 to the national exchequer and acquired corresponding gain.

The judge remarked that in any view of the matter, there appears non-implementation of the order regarding the enhancement/revised price of cement by accused Maqsood Ahmed during the relevant period as manager of sales and despatches.

It is also established that accused Maqsood Ahmed dishonestly did not record 4,397 metric tonnes of different brands of cement despatched during the period and did not account for, misappropriated the same, caused loss of Rs1,78,90,200 to the public exchequer and corresponding gain to himself.

Earlier, the accused was sent up to face trial along with Syed Riazul Hassan Rizvi, son of Zahoor-ul-Hassan Rizvi in the reference submitted by the NAB chairman on the basis of the complaint of Merajuddin Shamsi, managing director, Thatta Cement Company Limited.

They were tried and convicted on Oct 31, 2002. The then judge of AC-1, Mr Qamaruddin Bohra, had sentenced the two accused to a 14-year term. Later, the two accused moved separate appeals against their conviction in the Sindh High Court, which acquitted accused Rizvi and remanded back the case of accused Maqsood Ahmed to the trial court for retrial.