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

Section: 5

Law: Constitution of Pakistan, 1973

Section: 199

(a) Federal Investigation Agency Act (VIII of 1974)--- ----S. 5---Constitution of Pakistan, Art. 199---Constitutional petition---Powers of the members of the agency to search, arrest or seizure of property---’Case property’---Scope---Members of Federal Investigation Agency were empowered under S.5(1) of Federal Investigation Agency Act, 1974 to search, arrest or seizure of property which powers were identical to the powers of Investigating Officer under Criminal Procedure Code, 1898---Subsection (5) of S.5 of Federal Investigation Agency Act, 1974, had provided that during investigation, the Investigating Officer of Federal Investigation Agency, could seize a property, if he was of the opinion that such property was likely to be removed or transferred; or otherwise disposed of before an order of appropriate authority for its seizure was obtained---Powers under subsections (2) and (5) of S. 5 of Federal Investigation Agency Act, 1974 were independent, which did not empower the Investigating Officer of Federal Investigation Agency to seize the properties of the relations of accused persons in order to compel the attendance of absconding accused person in court---To seize the vehicles of accused inter alia on the ground to secure his attendance in court was outside the scope of Federal Investigation Agency Act, 1974---Vehicles, in question, were neither owned nor belonged to the absconding accused---Ground, on the basis of which said vehicles had been seized, was neither available under the Cr.P.C., nor under Federal Investigation Agency Act, 1974---No plausible explanation had been offered, either by Investigating Officer or Deputy Attorney General to show that the action of seizure of vehicles, not owned by accused, either in custody or absconding, could be seized by the Federal Investigation Agency in exercise of their powers under the Act---Vehicles in question was not case property in the crimes. (b) Federal Investigation Agency Act (VIII of 1974)--- ----S. 5---Constitution of Pakistan, Art.199---Constitutional petition---Seizure of vehicles---Petitioner a close relative of owners of vehicles which were seized by the Agency challenged the seizure---Question…

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