FIA can't block bank account of any person on inquiry stage .








### کیس کی مختصر کہانی

**حصہ 1: الزامات اور اقدامات**
ملت ٹریکٹر کمپنی کے ملازم محمد بلال نواز نے خود کو اس وقت قانونی مشکلات میں پھنسا لیا جب وفاقی تحقیقاتی ادارے (ایف آئی اے) کو ایک شکایت موصول ہوئی جس میں ان پر مالیاتی غلط کاری کا الزام لگایا گیا تھا۔ خاص طور پر، شکایت میں الزام لگایا گیا ہے کہ نواز نے غیر قانونی طور پر ایم سی بی بینک میں اپنے سیلری اکاؤنٹ میں رقم وصول کی۔ اس کے جواب میں ایف آئی اے نے انکوائری شروع کی اور بینک کو ہدایت کی کہ وہ اینٹی منی لانڈرنگ ایکٹ کے تحت نواز کا اکاؤنٹ بند کردے۔

**حصہ 2: عدالت میں قانونی جنگ**
نواز شریف کی نمائندگی ان کے وکیل محمد اسامہ آصف نے کی، ایف آئی اے کے اقدامات کو لاہور ہائی کورٹ میں چیلنج کیا۔ آصف نے دلیل دی کہ ایف آئی اے نے انکوائری کے مرحلے کے دوران نواز کا اکاؤنٹ منجمد کر کے اپنے اختیار سے تجاوز کیا، ان کے کیس کی حمایت کے لیے قانونی نظیروں کا حوالہ دیا۔ انہوں نے کہا کہ نواز شریف بے قصور ہیں، محض ایک عام کارکن ہیں اور کسی مالی جرائم میں ملوث نہیں ہیں۔

دوسری جانب ڈپٹی اٹارنی جنرل اسد علی باجوہ نے ایف آئی اے کے اقدامات کا دفاع کرتے ہوئے ایف آئی اے ایکٹ کے تحت اپنے قانونی اختیار کا دعویٰ کیا اور نواز شریف کی مبینہ منی لانڈرنگ سرگرمیوں کے شواہد پیش کیے۔

### عدالتی حکم
دونوں فریقوں کے دلائل پر غور کرنے کے بعد، لاہور ہائی کورٹ نے جسٹس طارق سلیم شیخ کے ذریعے 22 دسمبر 2023 کو اپنا فیصلہ سنایا۔ عدالت نے ایف آئی اے ایکٹ کے تحت مالی جرائم سمیت وفاقی جرائم کی تحقیقات کے ایف آئی اے کے مینڈیٹ کو تسلیم کیا۔ تاہم، اس نے قانونی طریقہ کار پر عمل پیرا ہونے اور افراد کے حقوق کے تحفظ کی اہمیت پر بھی زور دیا، جیسا کہ آئین کی ضمانت دی گئی ہے۔

اس کیس میں، عدالت نے پایا کہ انکوائری کے مرحلے کے دوران نواز کا اکاؤنٹ منجمد کرنے کے ایف آئی اے کے فیصلے کو مناسب قانونی بنیادوں کی حمایت نہیں دی گئی۔ جسٹس شیخ نے ایف آئی اے ایکٹ کے سیکشن 5(5) کا حوالہ دیا، جو اس طرح کے اقدامات کو تفتیشی مرحلے تک محدود کرتا ہے۔ نواز کو منی لانڈرنگ سے منسلک کرنے والے حتمی ثبوتوں کی کمی کے پیش نظر، عدالت نے درخواست گزار کے حق میں فیصلہ دیا۔

**عدالتی حکم**: لاہور ہائی کورٹ نے ایف آئی اے کی کارروائیوں میں طریقہ کار کی بے ضابطگیوں کا حوالہ دیتے ہوئے محمد بلال نواز کے بینک اکاؤنٹ کو فوری طور پر منجمد کرنے کا حکم دے دیا۔ اس فیصلے نے انفرادی آزادیوں کے تحفظ اور قانون نافذ کرنے والے ادارے قانون کی حدود میں رہتے ہوئے کام کرنے کو یقینی بنانے میں عدلیہ کے کردار کی یاد دہانی کے طور پر کام کیا۔


JUDGMENT SHEET
LAHORE HIGH COURT, LAHORE
JUDICIAL DEPARTMENT
Writ Petition No.75231/2023
Muhammad Bilal Nawaz
Vs.
Director General, Federal Investigation Agency, and others
JUDGMENT
Date of hearing:
22.12.2023
For the Petitioner:
Mr. Muhammad Osama Asif, Advocate, 
assisted by Mr. Waqar Ranjha, Advocate. 
For Respondents No.1 to 4:
Mr. Asad Ali Bajwa, Deputy Attorney General 
for Pakistan, and Mr. Zain Qazi, Assistant 
Attorney General for Pakistan
, with Sh. Amer 
Sohail Anjum, Assistant Director (Legal) FIA.
Tariq Saleem Sheikh, J. – On 17.10.2022, the Federal 
Investigation Agency (FIA) received Complaint No.3424/22 against the 
Petitioner, alleging that he was involved in a financial crime and had 
unlawfully received various sums of money into his Account 
No.1003771971001192, which he maintains with MCB Bank Limited 
(the ―Bank‖). Following initial verifications, the FIA registered Enquiry 
No. 35/2023, which was assigned to Respondent No.3. The latter sought 
records from the Bank under section 25(1) of the Anti-Money Laundering 
Act 2010 (―AMLA‖) and instructed it to debit-block the Petitioner‘s 
aforementioned account. Subsequently, Respondent No. 3 issued a notice 
to the Petitioner, requiring an explanation for the allegations against him. 
Through this petition under Article 199 of the Constitution of the Islamic 
Republic of Pakistan 1973 (the ―Constitution‖), the Petitioner challenges 
the FIA‘s jurisdiction to restrict his bank account.
2.
Mr. Muhammad Osama Asif, Advocate, contends that the 
Federal Investigation Agency Act 1974 (the ―FIA Act‖) distinguishes 
between ―inquiry‖ and ―investigation‖. FIA has no lawful authority to 
freeze or otherwise restrict the operation of any bank account at the 
inquiry stage. Under section 5(5) of the FIA Act, such power can only be 
Writ Petition No.75231/2023
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exercised during the investigation. According to him, since the 
proceedings against the Petitioner are at the inquiry stage, the FIA‘s 
action is without jurisdiction. In support of his contention, he has relied 
upon Najib Rahim v. Federation of Pakistan through Secretary, 
Ministry of Interior and others (PLD 2017 Sindh 53), Muhammad 
Sohail Shaikh v. The State and others (PLD 2021 Lahore 612), Uzma 
Adil Khan and others v. Federal Investigation Agency through Director 
General, and others (2023 CLD 599), and Hamza Khalid v. The State 
and another (2023 LHC 7628).
3.
On the factual aspect, Mr. Asif submits that the Petitioner 
has been employed as a worker in the factory of Millat Tractor Company 
Limited situated at Begum Kot, Lahore, for the past five years at a 
monthly salary of approximately Rs.25,000/- per month. The account 
mentioned above is his salary account. The Petitioner is not involved in 
any offence, and the allegations against him are baseless. He appeared 
before Respondent No.3 in response to his notice and explained his 
position. He also filed an affidavit to support his defence plea. Mr. Asif 
maintains that the restriction on the Petitioner‘s bank account is 
unjustified.
4.
Mr. Asad Ali Bajwa, Deputy Attorney General, contends
that Mr. Asif‘s contention that the FIA can only freeze a bank account 
during the investigation phase of a case, and not when it is at the inquiry 
stage, is misconceived. He asserts that he has overlooked section 5(1) of 
the FIA Act which is very clear in this respect. As regards the present 
case, Mr. Bajwa submits that the FIA has credible evidence that the 
Petitioner is involved in money laundering. Therefore, Respondent No.3 
has proceeded against him under section 5(5) of the FIA Act, read with 
section 8 of the AMLA, and debit-blocked his account by exercising 
authority. According to him, the action against the Petitioner is lawful and 
justified.
Opinion
5.
Parliament has established FIA through the Federal 
Investigation Agency Act of 1974 for inquiry and investigation of certain 
offences committed in connection with matters concerning the Federal 
Writ Petition No.75231/2023
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Government.1
Section 3 of the Act, read with the Schedule thereto, lists 
those offences and adds that it would include an attempt or conspiracy to 
commit any such offence and the abetment thereof. In Munir Ahmad 
Bhatti v. Director FIA Cyber Crime Wing, Lahore, and others
(PLD 2022 Lahore 664), after analyzing various provisions of the FIA 
Act and legal precedents,2
this Court held that FIA falls within the 
category of ―police authorities‖.
6.
Section 5 of the FIA Act describes the powers of the 
members of the FIA. It is reproduced below for ease of reference:
5.
Powers of the members of the Agency.– (1) Subject to any
order which the Federal Government may make in this behalf, the
members of the Agency shall, for the purpose of an inquiry or
investigation under this Act, have throughout Pakistan such powers,
including powers relating to search, arrest of persons and seizure 
of property, and such duties, privileges and liabilities as the officers 
of a Provincial Police have in relation to the investigation of offences
under the Code [of Criminal Procedure 1898] or any other law for the 
time being in force.
(2)
Subject to rules, if any, a member of the Agency not below the
rank of a Sub-Inspector may, for the purposes of any inquiry or
investigation under this Act, exercise any of the powers of an officerin- charge of a police-station in any area in which he is for the time
being and, when so exercising such powers, shall be deemed to be an
officer-in-charge of a police-station discharging his functions as such 
within the limits of his station.
(3)
Without prejudice to the generality of the provisions of subsection (1) and sub-section (2), any member of the Agency not below
the rank of a Sub-Inspector authorized by the Director-General in this
behalf may arrest without warrant any person who has committed, or
against whom a reasonable suspicion exists that he has committed,
any of the offences referred to in sub-section (1) of section 3.
(4)
For the purpose of the exercise by the members of the
Agency of the powers of an officer in charge of a police station.
―Police Station‖ includes any place declared, generally or specially,
by the Federal Government to be a police station within the meaning 
of the Code.
(5)
If, in the opinion of a member of the Agency conducting an
investigation, any property which is the subject matter of the
investigation is likely to be removed, transferred or otherwise disposed
of before an order of the appropriate authority for its seizure is
obtained, such member may, by order in writing, direct the owner or
any person who is, for the time being, in possession thereof not to
remove, transfer or otherwise dispose of such property in any manner
except with the previous permission of that member and such order
shall be subject to any order made by the court having jurisdiction in 
the matter.
(6)
 
1
Preamble of the Federal Investigation Agency Act, 1974.
2 Ch. Abdur Rehman v. Deputy Director, FIA, Faisalabad and 19 others (2010 MLD 1346); Mushtaq 
Hussain Shah v. Additional Sessions Judge, Islamabad and 6 others (PLD 2013 Islamabad 26) and 
National Bank of Pakistan and another v. The State and 4 others (PLD 2021 Lahore 670).
Writ Petition No.75231/2023
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7.
The legislature has used two terms in section 5 of the FIA 
Act, ―inquiry‖ and ―investigation‖, without providing specific definitions. 
While these terms are commonly considered interchangeable, they carry 
distinct meanings in the legal context. The Black’s Law Dictionary
defines ―inquiry‖ as ―(a) a question someone asks to elicit information; 
(b) the act or process of posing questions to elicit information.‖3 On the 
other hand, it describes ―investigation‖ as ―the activity of trying to find 
out the truth about something, such as a crime, accident, or historical 
issue; esp., either an authoritative inquiry into certain facts, as by a 
legislative committee, or a systematic examination of some intellectual 
problem or empirical question, as by mathematical treatment or use of the 
scientific method.‖4 According to the Oxford Advanced Learner’s 
Dictionary, ―inquiry‖ signifies ―a solicitation for information‖, while 
―investigate‖ denotes ―the comprehensive exploration and scrutiny of all 
facts surrounding a particular event, such as a crime or an accident, with 
the objective of ascertaining the truth.‖5 Merriam-Webster defines 
―inquiry‖ as ―a solicitation for information or an official endeavour to 
amass and scrutinize data concerning a subject.‖ According to it, 
―investigate‖ refers to ―the process of seeking out facts pertaining to an 
incident, such as a crime or an accident, to determine the circumstances, 
perpetrators, etc.‖
8.
The Code of Criminal Procedure 1898 (hereinafter referred 
to as the ―Code‖ or ―Cr.P.C.‖) defines the two terms in section 4(1) as 
follows: 
(k)
“Inquiry”.– ―Inquiry‖ includes every inquiry other than a trial 
conducted under this Code by a Magistrate or Court. 
(l)
“Investigation”.– ―Investigation‖ includes all the proceedings 
under this Code for the collection of evidence conducted by a 
police officer or by any person (other than a Magistrate) who is 
authorized by a Magistrate in this behalf.
9.
Legal precedents also acknowledge the distinction between 
inquiry and investigation. In Adamjee Insurance Company Ltd. v. 
Assistant Director, Economic Enquiry Wing (1989 PCr.LJ 1921), a 
Division Bench of the Sindh High Court stated:
 
3 Black‘s Law Dictionary, 11th Edn., p. 946
4
ibid, p. 989.
5 Oxford Advanced Learner‘s Dictionary, Fifth Edn.
Writ Petition No.75231/2023
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―We may also point out that sub-section (1) of section 5 [of the FIA 
Act] refers to two terms, i.e. ‗inquiry‘ or ‗investigation‘. The use of 
these two terms in the above sub-section indicates that they connote 
two different meanings. In our view, inquiry can be termed as the first 
step towards investigation.‖
10.
In summary, ―inquiry‖ and ―investigation‖ are distinct 
processes within legal proceedings, each serving specific purposes. An 
inquiry refers to a preliminary examination or fact-finding process 
conducted by a designated authority or agency to gather information 
regarding a particular matter. It aims to assess the situation and determine 
whether further legal action is warranted. Inquiries vary in scope and 
formality, ranging from informal discussions to formal hearings. On the 
other hand, an investigation involves a detailed examination of a specific 
matter or allegation to gather evidence and determine its truth or validity. 
Investigations are conducted by law enforcement agencies or authorized 
entities to collect evidence, identify suspects, and gather information for 
legal proceedings. Although both procedures entail scrutinizing facts and 
evidence, inquiries are preliminary, primarily focusing on information 
gathering. In contrast, investigations are more thorough and structured, 
geared explicitly towards accumulating evidence to support legal action.
11.
In interpreting section 5(5) of the FIA Act, the courts have 
taken into account the distinction between ―inquiry‖ and ―investigation‖. 
Consequently, in the cases mentioned in paragraph 2 above, they 
concluded that the FIA is only authorized to exercise search and seizure 
powers under section 5(5) during investigations, not inquiries. The 
Deputy Attorney General contends that these cases did not consider
section 5(1) of the FIA Act, an independent provision covering both 
inquiries and investigations. It stipulates that subject to any orders from 
the Federal Government, the members of the FIA possess the same 
authority as provincial police officers regarding search, arrest, and 
property seizure during inquiries or investigations under the Act, albeit 
applicable nationwide. I am inclined to concur with his stance.
12.
Although the FIA Act serves as the primary legislation 
governing the FIA, various statutes assign it the responsibility of 
investigating offences committed under them. In such instances, the 
specific provisions of those laws regarding arrest, search, and property 
seizure would take precedence and must be complied with
Writ Petition No.75231/2023
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13.
Section 550 Cr.P.C. is an integral part of the legal 
framework to combat crime. It aims to facilitate the immediate and lawful 
seizure of suspicious property by police officers, ensuring that potential 
evidence is secured for further inquiry/investigation and legal 
proceedings. It reads:
550. Powers to police to seize property suspected to be stolen. –
Any police officer may seize any property which may be alleged or 
suspected to have been stolen, or which may be found under 
circumstances which create suspicion of the commission of any 
offence. Such police officer, if subordinate to the officer in charge of a 
police station, shall forthwith report the seizure to that officer.
14.
Section 550 Cr.P.C. employs expansive language, yet its 
applicability hinges on two conditions: firstly, the subject must qualify as 
―property‖, and secondly, there must be suspicion of the commission of 
an offence.
15.
The term ―property‖ is not explicitly defined in either the 
Pakistan Penal Code or the Code of Criminal Procedure. However, 
various legal sources offer some guidance. Section 22 PPC states: 
―The words ‗moveable property‘ are intended to include corporeal 
property of every description, except land and thing attached to the earth 
or permanently fastened to anything which is attached to the earth.‖
Article 2 (1) (xxi) of Police Order 2002 describes ―property‖ as under: 
― ‗Property‘ means any moveable property, money or valuable security‖. 
Section 3(34) of the General Clauses Act, 1897, says that ―movable 
property shall mean property of every description, except immovable 
property.‖ In Nevada Properties Private Limited v. State of Maharashtra 
and another [(2019) 20 SC 119], while interpreting sub-sections (1) and 
(2) of sections 102 of India‘s Code of Criminal Procedure 1973
(the ―Indian Code of 1973‖), which are analogous to Pakistan‘s 550 
Cr.P.C., the Indian Supreme Court clarified that ―any property‖
mentioned in the law does not include immovable property. It 
underscored that immovable property cannot, in its strict sense, be seized 
– though documents of title, etc., relating to it can be seized, taken into 
custody, and produced. Immovable property can be attached, locked, or 
sealed, but seizure, in the legal sense, entails dispossessing the occupant, 
which seldom occurs. The language of the relevant section does not 
confer upon police officers the power to dispossess occupants and seize 
Writ Petition No.75231/2023
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immovable property. Therefore, such powers cannot be inferred or 
deemed implicit in the power to effect seizure without explicit legislative 
authorization.
16.
―Suspicion‖ implies a belief or opinion based upon facts or 
circumstances that do not constitute proof. In a legal context, ―suspicion‖ 
refers to a belief or perception held by an individual, particularly a law 
enforcement officer or legal authority, that someone may be involved in 
criminal activity. It is a subjective assessment based on circumstantial 
evidence, observed behaviour, or received information that suggests the 
possibility of wrongdoing. Suspicion does not require concrete evidence 
or proof of guilt but rather signifies a preliminary inclination or doubt 
regarding a person‘s involvement in unlawful behaviour. In Nevada, 
supra, the Indian Supreme Court held that the word ―suspicion‖ is a 
weaker and broader expression than ―reasonable belief‖ or ―satisfaction‖.
17.
In a nub, section 550 Cr.P.C. empowers law enforcement to 
seize property suspected of being stolen or connected to criminal 
activities. Notably, there is no requirement to prove the commission of 
any offence before invoking this provision. They can act based on 
suspicion alone. This highlights the proactive role of law enforcement in 
preventing crime and preserving evidence. However, it is essential to 
emphasize that while section 550 Cr.P.C. enables police officers to seize 
property, it does not grant them the authority to administer justice or 
return the same to rightful owners. Such power is reserved solely for the 
courts.
18.
The term ―any offence‖ in section 550 Cr.P.C. demonstrates 
the legislature‘s intention to cover offences under any statute, implying a 
broad application of the provisions. It connotes that even in cases 
involving non-cognizable offences, where the police cannot arrest without 
a warrant and the investigation requires a court order, they still have the 
authority to seize property found under suspicious circumstances. 
19.
As adumbrated, sub-sections (2) and (4) of section 5 of the 
FIA Act empower a member of the FIA, not below the rank of a SubInspector, to exercise the powers of an officer-in-charge of a police 
station to conduct inquiries or investigations under the FIA Act, subject to 
any applicable rules. This authority extends to any area where the 
Writ Petition No.75231/2023
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member is currently stationed, effectively conferring upon them the status 
of an officer-in-charge of a police station within that jurisdiction. Here, 
the term ―police station‖ encompasses any place designated by the 
Federal Government, whether generally or specifically, as a police station 
within the meaning of the Code. Consequently, the FIA is competent to 
exercise powers under section 550 Cr.P.C.
20.
This takes us to the question of whether the bank account of 
an accused or his relation can be considered ―property‖ within the 
meaning of section 550 Cr.P.C. and whether an investigating officer has 
the authority to seize it or issue a prohibitory order restraining its 
operation. In State of Maharashtra v. Tapas D. Neogy [(1999) 7 SCC 
685], the Indian Supreme Court answered this question in the affirmative 
while considering sub-sections (1) and (2) of section 102 of the Indian 
Code of 1973, which mirror Pakistan‘s section 550 Cr.P.C., as mentioned 
above. It held that the legislature‘s choice of phrasing, specifically ―any 
property‖ and ―any offence‖, indicates an intention to encompass 
violations under all statutes, implying a broad application of the 
provisions. There is no justification for narrowly interpreting them. The 
Supreme Court reasoned:
―It is well known that corruption in public offices has become so 
rampant that it has become difficult to cope with the same. Then again, 
the time consumed by the courts in concluding the trials is another 
factor which should be borne in mind in interpreting the provisions of 
section 102 of [the Indian] Criminal Procedure Code and the 
underlying object engrafted therein, inasmuch as if there can be no 
order of seizure of the bank account of the accused then the entire 
money deposited in a bank which is ultimately held in the trial to be 
the outcome of the illegal gratification, could be withdrawn by the 
accused and the courts would be powerless to get the said money 
which has any direct link with the commission of the offence 
committed by the accused as a public officer. We are, therefore, 
persuaded to take the view that the bank account of the accused or any 
of his relation is ‗property‘ within the meaning of section 102 of the 
Criminal Procedure Code and a police officer in the course of 
investigation can seize or prohibit the operation of the said account if 
such assets have direct links with the commission of the offence for 
which the police officer is investigating into.‖
21.
The Supreme Court of India reaffirmed the above view in 
Teesta Atul Setalvad v. The State of Gujarat (AIR 2018 SC 27). The
Investigating Officer had materials pointing out circumstances that 
created suspicion of the commission of the offence under investigation
and seized the appellant‘s bank accounts while exercising powers under 
section 102(1) of the Indian Code of 1973. The Supreme Court upheld 
Writ Petition No.75231/2023
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this action because the Investigating Officer had followed the procedure 
prescribed in sub-sections (2) and (3) of the same provision. After issuing 
instructions to seize the mentioned bank accounts, he submitted a report 
to the concerned Magistrate.
22.
In view of the above, the phrase ―any property‖ in section 
550 Cr.P.C. encompasses bank accounts. Since the FIA is competent to 
exercise powers under section 550 Cr.P.C., as discussed above, it holds 
the authority to freeze bank accounts or restrict their operation under 
section 5(1) of the FIA Act, regardless of whether the matter is in the 
inquiry or investigation stage. However, this would be subject to the 
condition that there should be some nexus with the alleged offence or that 
circumstances create suspicion of the commission of any offence.
23.
The freezing of accounts affects the right to privacy and the 
reputation of the account holder. The FIA cannot arbitrarily freeze bank 
accounts or keep them frozen indefinitely. Such actions would violate the 
account holder‘s constitutional and legal rights. However, these 
individual rights must be balanced with the duty of the State to combat 
crime and punish offenders. In Adamjee Insurance Company Ltd. v. 
Assistant Director, Economic Enquiry Wing (1989 PCr.LJ 1921), a
Division Bench of the Sindh High Court recognized the formidable 
challenges faced by the FIA in white-collar crimes. It acknowledged the 
inherent difficulty in obtaining concrete evidence at the initial stages of 
an inquiry or investigation due to the complex nature of such offences. 
However, the High Court emphasized the importance of preventing 
unwarranted interference in business operations, which are crucial for 
national economic growth. It stressed that unfounded inquiries into the 
criminal involvement of companies or businessmen could result in 
significant financial losses and harassment. Consequently, it held that 
initiating inquiries or investigations must be based on substantive 
allegations. Generally, courts should not interfere in the investigative 
process. Nevertheless, the High Court may intervene under Article 199 of 
the Constitution where inquiries or investigations infringe upon 
constitutional rights, violate other laws, or are motivated by malicious 
intent
Writ Petition No.75231/2023
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24.
The Code stands as a bulwark against the abuse of power by 
police and law enforcement agencies, providing a comprehensive 
mechanism to ensure accountability and transparency in their actions. 
Section 523(1) Cr.P.C. mandates that the seizure by any police officer of 
property taken under section 51, or alleged or suspected to have been 
stolen, or found under circumstances suggestive of criminal activity shall 
be forthwith reported to a Magistrate who shall make such order as he 
thinks fit respecting the disposal of such property or the delivery of such 
property to the person entitled to the possession thereof, or if such person 
cannot be ascertained, respecting the custody and production of such 
property. Therefore, whenever the FIA issues a directive restricting an 
individual‘s bank account, whether during an inquiry or investigation, it 
must promptly notify the relevant Magistrate or court, which would then 
issue an order in accordance with the law appropriate to the situation and 
circumstances. Should the FIA fail in this duty, the aggrieved person may 
approach the Magistrate or the court concerned for redress. This recourse 
ensures that individuals are not left unprotected in the face of potential 
abuses of power by the FIA. The following excerpt from Suraj Mohan 
Babu Mishra vs State of Gujarat (AIR 1967 Guj 126), a case from the 
Gujarat High Court, is instructive:
―In my opinion, it would be perfectly open to the learned Magistrate to 
take note of the fact about any such truck having been seized by the 
police officer and while he may not act upon it at once, it would be his 
duty to inquire from the police officer and have his report obtained if 
the police officer so desires to send. It is possible that the police officer 
may have forgotten to send such a report, and on an intimation from 
the Magistrate on any such information received from the owner of the 
property involved, the police officer may send a report. The Magistrate 
would then be justified in passing the order as he thinks fit with regard 
to the disposal of any such property or the delivery of such property to 
the person entitled to the possession thereof under S. 528 of the Code. 
If however, the police officer does not choose to send in spite of an 
intimation sent to him, the party claiming the property cannot be made 
helpless, having no remedy by reason of the fault or default on the part 
of a police officer in making a report which he was bound to make 
forthwith on seizing the property under section 523 of the Criminal 
Procedure Code. If the Magistrate was powerless to do so as is sought 
to be urged, it may well happen that the police would retain it till, at 
any rate, the charge sheet happens to be sent in the particular case to 
the court of the Magistrate, and thereby cause considerable hardship to 
the rightful claimant, and even the property would suffer damage by 
remaining unused for an indefinite time. The police officer has no 
power or authority to deal with it in any manner, and it is, therefore,
that the legislature required him to report to the Magistrate, so that 
suitable orders can be passed by the Magistrate under S. 523(1) of the 
Code. The learned Magistrate had thus failed to exercise the 
jurisdiction and the authority he had when it was known to him that 
Writ Petition No.75231/2023
- 11 -
this property was seized and when he found that no report, as was 
required to be sent by the police officer forthwith, was received by 
him.‖6
25.
In the case at hand, the FIA is investigating the Petitioner for 
the offence of money laundering under section 3 of the AMLA. While the 
FIA Act serves as the primary legislation governing the FIA, in the 
present case, AMLA would apply, prevailing over the FIA Act and the 
Code if there is any inconsistency.7
Even if the FIA were not conducting 
proceedings under the AMLA or any other special law with specific 
provisions, and only the FIA Act applied, the FIA could still legally 
freeze the Petitioner‘s bank account under section 5(1) of the FIA Act, 
subject to the protections outlined in section 523(1) Cr.P.C.
26.
Section 8(1) of the AMLA stipulates that an investigating 
officer may, on the basis of a report from the concerned investigating or 
prosecuting agency, with the prior permission of the Session Court having 
the jurisdiction, provisionally attach such property which he reasonably 
believes to be the property involved in money laundering for a period not 
exceeding 180 days from the date of the order. However, the Session 
Court may grant a further extension for up to 180 days. Section 8(2) 
states that the investigating officer shall, within forty-eight hours 
immediately after the attachment, forward a copy of the order and the 
investigating or prosecuting agency‘s report to the head of the concerned 
investigating agency in a sealed envelope. Section 8(3) specifies that 
every order of attachment made under section 8(1) shall cease to have 
effect after the expiry of the period specified in that sub-section or on the 
date of the finding made under section 9(2), whichever is earlier. Section 
8(5) mandates that the investigating officer who provisionally attaches 
 
6 Also see: Ramlal Hazarimal v. Hiralal Ramlal and another (AIR 1953 MB 241); M.V. Ramankutty v. 
State (AIR 1970 Kerala 191).
7
Section 39 of the Anti-Money Laundering Act 2010 provides:
39. Act to have overriding effect.—(1) Subject to sub-section (2), the provisions of this Act 
shall have effect notwithstanding anything inconsistent contained in any other law for the time 
being in force. (2) The provisions of this Act shall be in addition to, and not in derogation of, 
the Anti Narcotics Force Act, 1997 (III of 1997), the Control of Narcotics Substances Act, 
1997 (XXV of 1997), the Anti-terrorism Act, 1997 (XXVII of 1997) and the National 
Accountability Ordinance, 1999 (XVIII of 1999) and any other law relating to predicate 
offences.
A further reference may be made to section 22(1) of the AMLA which stipulates that the 
provisions of the Code of Criminal Procedure, 1898 (Act V of 1898) shall, in so far as they are not 
inconsistent with the provisions of this Act, apply to arrest, bail, bonds, search, seizure, attachment, 
forfeiture, confiscation, investigation, prosecution and all other proceedings under this Ac
Writ Petition No.75231/2023
- 12 -
any property under section 8(1) shall submit a monthly progress report to 
the Session Court regarding the investigation.
27.
Section 9(1) of the AMLA ordains that upon attachment or 
seizure of property, the investigating officer shall, within seven days, 
serve a notice of at least 30 days on the person concerned. The said notice 
shall require the individual to indicate the sources of his income or means 
by which he acquired the attached property and to show cause why all or 
any of such properties should not be declared to be the properties 
involved in money laundering and forfeited to the Federal Government. If 
the notice specifies any property as being held by a person on behalf of 
any other person, a copy thereof shall also be served upon that person. 
Section 9(2) mandates that after reviewing the reply, the evidence 
presented, and hearing the aggrieved person, the investigating officer 
shall record a finding as to whether the properties in question are indeed 
linked to money laundering. Where the investigating officer determines 
that the property is so involved, he shall apply to the Session Court for an 
order confirming the attachment of the property. After giving an 
opportunity of hearing to the persons concerned, the court may pass an 
order confirming the attachment or, as the case may be, the release of the 
property. When the provisional attachment order made under section 8(1) 
is confirmed, the property is dealt with under sub-sections (4) to (7) of 
section 9 of the AMLA.
28.
AMLA does not contemplate an inquiry like the FIA Act or 
the Federal Investigation Agency (Inquiries and Investigations) Rules, 
2002. According to section 21 of AMLA, every offence punishable under 
the Act is cognizable8
and non-bailable. In the present case, Respondent 
No.3 has debit-blocked the Petitioner‘s account by exercising the 
authority under section 5(5) of the FIA Act read with section 8 of the 
AMLA. The fact that Respondent No.3 did not register an FIR upon 
receiving a complaint alleging the commission of a cognizable offence 
does not hinder the initiation of the investigation. In Emperor v. Khwaja 
Nazir Ahmad (AIR 1945 PC 18), the Privy Council held that an 
investigation could commence even without recording FIR. Courts in 
 
8
Section 12, Anti-Money Laundering (Second Amendment) Act, 2020 (Act No. XXX of 2020).
Official Gazette Notification No. F.22(50)/2020-Legis dated 24 Sep 2020.
Writ Petition No.75231/2023
- 13 -
Pakistan have consistently followed this ruling after the Partition.9
Consequently, Mr. Asif‘s objection to the FIA‘s jurisdiction to impose 
restrictions on the Petitioner‘s account is misconceived.
29.
A perusal of the record shows that Respondent No.3 has
blatantly disregarded sections 8 and 9 of the AMLA in the present case. 
He did not obtain permission from the competent court before issuing 
directives to the Bank concerning the Petitioner‘s account. Next, he did 
not render findings under section 9(2) of the AMLA or apply to the court
for an order under section 9(3) thereof. Lastly, he did not submit a 
monthly progress report of the investigation to the court.
30.
In view of the above, this petition is accepted, and the 
limitation placed on the Petitioner‘s MCB Bank Account No. 
1003771971001192 by Respondent No.3 is annulled.
(Tariq Saleem Sheikh)
Judge


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