Law: Criminal Procedure Code (V of 1898)

Section: 87,88,88(6-A)

(a) Criminal Procedure Code (V of 1898)--- ----Ss. 87 88---Attachment of property---Court, jurisdiction of---Scope---Court issuing proclamation under S. 87, Cr.P.C., may at any time order attachment under S. 88, Cr.P.C., of any property movable or immovable or both belonging to proclaimed offender. (b) Criminal Procedure Code (V of 1898)--- ----S. 88(6A)---Objection to attachment---Locus standi---Any person who has any claim or objection made to attachment with respect to any property which has been attached and owned by proclaimed offender, has right under S. 88(6A), Cr.P.C. to challenge such attachment. (c) Criminal Procedure Code (V of 1898)--- ----S. 88(6-A)---Words claim and objection---Scope---Preconditions of objection/claim---Procedure by Court---Grounds on the basis of which attachment can be challenged is that claimant or objector has interest in such property and that such interest is not liable to attachment under S. 88(6-A), Cr.P.C.---Claim or objection is to be inquired into and/or may be allowed or disallowed in whole or in part---Words used in S. 88(6-A), Cr.P.C. are claim with respect to attached properties or objection made to attachment---As such the same is wide enough to cover any factual challenge to the attachment or even legal attack on the same. (d) National Accountability Ordinance (XVIII of 1999)--- ----S. 9(a)---Criminal Procedure Code (V of 1898), S. 88 (6-A)---High Court (Lahore) Rules and Orders, Volume III, Chapter- 15---Constitution of Pakistan, Art. 199---Constitutional petition---Claim/objection---Determination---Limitation---Alternate and adequate remedys claimed to have interest in properties attached which interest was not liable to attachment against propertiess contended that they did not file any objection as attachment was not in their knowledge and objection had become barred by limitation---Validity---Alternate, adequate and efficacious remedy was available to petitioners under which they could challenge attachment not only on the basis of interest they had, if any, in properties in question but also on legal grounds---Court can hold inquiry under S. 88(6-A), Cr.P.C. into claim of objector---Limitation provided for…

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