| Citation(s) |
|---|
| 2026 SLD 3217 |
Writ Petition no.1642 of 2023
Presented By: (Chief Justice) (Sardar Ejaz Ishaq Khan) Judge
Petitioner by: Mr. Ghulam Farooq Awan, Advocate
Respondent No.2 by: Raja Rizwan Abbasi, Advocate
Respondent No.3 by: Mr. Azmat Bashir Tarar, Assistant Attorney General with Rana Shahid Habib, AD/FIA ACC Date of Decision: 05.07.2023
Akhuanzada Shahid Ali Qureshi
VERSUS
Judge Special Court (Offences in Banks), Islamabad and others
Law: Constitution of Pakistan 1973
Section: 13(b)
Law: Code of Criminal Procedure, 1898
Section: 48, 51, 94, 343, 523
Law: Pakistan Penal Code (PPC),1860
Section: 409, 420, 489-F
Summary
The Islamabad High Court allowed the petition and ordered the Federal Investigation Agency (FIA) to return the petitioner's mobile phone and immediately unfreeze his bank accounts.
The petitioner's iPhone 13 Pro Max had remained in FIA custody for 10 months after his arrest. FIA justified its retention on the ground that the accused refused to disclose the phone's passcode and that the device might contain incriminating conversations with an absconding co-accused.
The Court held that this justification was legally unsustainable. It ruled that the phone was not case property but merely property seized during arrest, which required compliance with Section 523 Cr.P.C. by reporting the seizure to the Magistrate. FIA failed to do so.