Law:

Section:

(a) Penal Code (XLV of 1860)--- ----S. 406---Federal Investigation Agency Act (VIII of 1974), Preamble & S.2(e)---Constitution of Pakistan, Art.199---Constitutional petition---Maintainability---Criminal breach of trust---Notice for inquiry---Petitioner Company had called in question the legality of a notice for enquiry issued by the Assistant Director, Federal Investigation Agency; as well as the proceedings being conducted thereon---Maintainability of constitutional petition had been challenged by respondent contending that Federal Government having complete administrative control over the affairs of the petitioner company, FIA had jurisdiction to register and investigate the case and that offence of criminal breach of trust was made out against the petitioner company and same was included in the Schedule of Federal Investigation Agency Act, 1974---Validity---Held, there being business dealings of sale and purchase between the parties, dispute between the parties was purely of civil nature and F.I.A. had got no jurisdiction to conduct an inquiry/investigation in the matter---Impugned notice and the proceedings conducted thereon, were declared to be without jurisdiction and lawful authority. (b) Constitution of Pakistan--- ----Arts. 4 & 18---Right of individual to be dealt with in accordance with law and freedom of trade, business or profession Every citizen has a right to be treated in accordance with law---Freedom of trade, business or profession has been protected under Art.18 of the Constitution subject to such qualifications as could be prescribed by law in that respect. Adam Jee Insurance Company Ltd. and others v. Assistant Director Economic Enquiry Wing Federal Investigating Agency 1989 PCr.LJ 1921; Muhammad Irshad Khan v. Chairman, National Accountability Bureau and 2 others 2007 PCr.LJ 1957; Chairman National Accountability Bureau and another v. Muhammad Irshad Khan 2008 SCMR 1012 and Ghulam Sarwar Zardari v. Piyar Ali alias Piyaro and another 2010 SCMR 624 ref. (c) Federal Investigation Agency Act (VIII of 1974)--- ----Preamble, S. 2(e)---Object and applicability of Federal Investigation Agency Act, 1974---Scope---Object of Federal…

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