Case Details

Citation(s)
2026 SLG 4010 = 2026 SLD 4010
Islamabad High Court
Criminal Revision No.16 of 2022
Presented By: ARBAB MUHAMMAD TAHIR
-                                      Petitioner By    :  Mr. Sher Afzal Khan Marwat,                                        Advocate.                                  
Respondent By   : Syed Nazar Hussain Shah, AAG with                                                       Gul Rehman, AD FIA (Isb).                                                            Date of Hearing   :  31.03.2022  -

Agha Jan  

VERSUS

  The State, etc.

Law:

Section:

Summary The petitioner sought superdari (interim custody) of a Toyota CHR vehicle and PKR 66.75 million seized in connection with offences under the Foreign Exchange Regulation Act, 1947 (FERA) and the Anti-Money Laundering Act, 2010 (AMLA). The Court held that the cash was alleged proceeds of crime, the vehicle was used in transporting it, and the petitioner failed to establish a lawful source or genuine business transaction. The revision petition was dismissed. Legal Core Points Superdari of seized property can be refused where the property itself is the subject matter of the offence or alleged proceeds of crime. Under the AMLA, 2010, the burden lies on the accused to explain the lawful source of the alleged proceeds of crime. The petitioner failed to substantiate the claimed business transaction or lawful ownership of the seized cash. The vehicle was allegedly used for transporting cash linked to Hawala/Hundi and money laundering, justifying its continued seizure. The Court relied on The State through DG FIA v. Alif Rehman (2021 SCMR 503), emphasizing the seriousness of foreign exchange and money laundering offences. Since the seized cash and vehicle were directly connected with the pending criminal proceedings, interim custody could not be granted. Result: Revision petition dismissed; refusal of superdari upheld. JUDGMENT SHEET ARBAB MUHAMMAD TAHIR J. The instant revision petition is arising out of order dated 01.02.2022, passed by the Additional Sessions Judge, Islamabad (West), whereby petitioner’s application for superdari of “vehicle” (Registration No.AME-075, Toyota CHR) and cash amount of Rs. 66,750,000/- (‘cash amount’) was dismissed.   The petitioner is one of the accused in FIR No. 31, dated 27.09.2021, registered under Section 5,8 & 23 of the Foreign Exchange Regulations Act, 1947 (“FERA, 1947”) read with section 420, 468, 471, and 109 of the Pakistan Penal Code, at Police Station FIA, Commercial Bank Circle, Islamabad. In addition, case FIR No.41 dated 17.11.2021, under Section 3 & 4 of the AntiMoney Laundering Act, 2010, (“AMLA, 2010”) registered at the same Police Station. …
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