| Citation(s) |
|---|
| 2024 SLG 2790 2024 SLD 2790 2024 PCRLJ 422 |
Lahore High Court
Criminal Miscellaneous No. 72452/B of 2023, decided on 7thDecember, 2023.
Before Tariq Saleem Sheikh, J
Ch. Khursheed Anwar Bhinder assisted by Imran Qadir Bhinder for Petitioner.Zain Qazi, Assistant Attorney General with Shafique Ahmad Bhatti/Inspector FIA for the State.Barrister Muhammad Momin Malik, amicus curiae.
Criminal Miscellaneous No. 72452/B of 2023, decided on 7thDecember, 2023.
Before Tariq Saleem Sheikh, J
Ch. Khursheed Anwar Bhinder assisted by Imran Qadir Bhinder for Petitioner.Zain Qazi, Assistant Attorney General with Shafique Ahmad Bhatti/Inspector FIA for the State.Barrister Muhammad Momin Malik, amicus curiae.
HAMZA KHALID---Petitioner
VS
The STATE and another---Respondents
Law: Federal Investigation Agency Act, 1975
Section: 5
(a) Federal Investigation Agency Act, 1974 (VIII of 1975)--- ----S. 5---Inquiry and investigation---Distinction---Legislature has used two terms in S. 5 of Federal Investigation Agency Act, 1974 i.e. "inquiry" and "investigation", without providing specific definition---While both these terms are commonly considered interchangeable, they carry distinct meanings in the legal context--- Inquiry can be termed as the first step towards investigation. Adamjee Insurance Company Ltd. v. Assistant Director, Economic Enquiry Wing 1989 PCr.LJ 1921 rel. (b) Federal Investigation Agency Act, 1974 (VIII of 1975)--- ----S. 5(5)---Seizure of case property---Power, exercise of---Scope---Powers granted by S. 5(5) of Federal Investigation Agency Act, 1974, are applicable exclusively during investigation and do not extend to inquiry stage---Federal Investigation Agency (FIA) is empowered to invoke S. 5(5) of Federal Investigation Agency Act, 1974, in urgent situations where officer is genuinely of the opinion that property which is subject matter of investigation is likely to be removed, transferred, or otherwise disposed of before an order for its seizure is obtained from appropriate authority---Officer claiming authority under S. 5(5) of Federal Investigation Agency Act, 1974, does not have unfettered powers who has to act in good faith and refrain from arbitrary actions---There must be circumstances justifying necessity for swift intervention---Property sought to be seized should have a nexus with investigation of alleged offence---To assert jurisdiction under S. 5(5) of Federal Investigation Agency Act, 1974, officer concerned must document the facts and reasons in the case diary (to the extent possible), laying foundation for his decision/ opinion. Merriam-Webster's Dictionary of Law 17th Printing Harrisonburg VA (2014), p. 337; Ray v. City of Philadelphia, 25 A.2d 145, 344 Pa. 439 (1942); Northeastern Gas Transmission Co. v. Benedict, 89 A.2d 379, 139 Conn. 36; Dolgobinda Paricha v. Nimai Charan Misra AIR 1959 SC 914; Star Rolling Mills v. C.I.T. 1974 PTD 200; Khawaja Muhammad Sharif v. Federation of Pakistan and others PLD 1988 Lah. 725 and Barium Chemicals Ltd. and…
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