Law: Criminal Procedure Code (V of 1898)

Section: 51,343,523

Law: Federal Investigation Agency Act, (VIII of 1974)

Section: 5(5)

Law: Penal Code (XLV of 1860)

Section: 409,420,489-F

Criminal Procedure Code (V of 1898)--- ----Ss. 51, 343 & 523---Federal Investigating Agency Act, 1974 (VIII of 1975), S. 5(5)---Penal Code (XLV of 1860), Ss. 409, 420 & 489-F---Return of property---De-freezing of accounts---Criminal breach of trust and cheating and dishonoring of cheque were the allegations against petitioner/accused---Grievance of petitioner/accused was that Trial Court declined to return his mobile phone and did not unfreeze his Bank accounts---Validity---Phone was not case property and was seized on search of petitioner/accused on his arrest---Such article constituted property taken under S. 51, Cr.P.C., for the purposes of S. 523, Cr.P.C.---Investigating officer was bound under S. 523, Cr.P.C., to report seizure of mobile phone forthwith to Magistrate, who was to then pass order respecting custody and production of the phone---Inordinate retention of phone was tantamount to influencing accused to induce him to disclose conversations in his knowledge---As the Federal Investigating Agency had not gathered any conversation or message from devices other than the accused's phone purported to have originated or terminated from or at the accused's phone to corroborate Federal Investigating Agency's assertion, stance of Federal Investigating Agency was merely a fishing trip, made all the more lucrative given that phone in question was an expensive phone---Accounts did not contain more than a few hundred thousand Rupees, whereas alleged crime was in the sum of approximately Rs.250 million---High Court directed Federal Investigating Agency to return mobile phone of petitioner/accused and to unfreeze his Bank accounts---Order passed by Trial Court was set aside---Constitutional petition was allowed accordingly. Alpha Insurance Company Limited v. United Insurance Company of Pakistan Limited 1996 SCMR 1668 rel. JUDGMENT SARDAR EJAZ ISHAQ KHAN, J.---The petitioner is aggrieved with the impugned order dated 29.04.2023 passed by Judge Special Court, Islamabad, declining his application for return of his mobile phone and for unfreezing his bank accounts by the FIA. His mobile phone was taken by the FIA when he was arrested in FIR No. 35, dated…

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