P L D 2012 Sindh 461 (PLP)

SYED MUHAMMAD FAROOQ SHAH, J.

Inspector Muhammad Basir Khan of Police Station Ferozabad, Karachi has filed this application with the following prayers: "(a) That the case property approximately 3 k.g. of Gold is lying in locker No.157, having Key No..143 of Standard Chartered Bank, Gohar Plaza, Supply Road Branch (Branch Code No.172) is under the authority of respondent No.3, as such it is prayed that necessary direction may be given to respondent No.03 to issue permission to Manager of Standard Chartered Bank, Gohar Plaza Branch to allow Investigation Officer of the instant case to open the locker No.157 and further to proceed according to law to complete the investigation. (b) It is further prayed that this Hon'ble Court may be pleased to direct/order to respondents to provide complete details of the account along with transactions and complete statement of accounts of the following:-- (i) A/c No.0977-0100-13501 Allied Bank, Khalid Bin Walid Road Branch, Karachi. (ii) A/c No.08157645001 Standard Chartered Bank, Model Colony Branch, Karachi (ii) A/c No.142346-301 My Bank, Urdu Bazar Branch, Karachi Prayer is the made in the interest of justice." Heard Mr. Saleem Akhtar, Additional Prosecutor General, Sindh for the applicant/State, assisted by Mr. Shoukat H. Zubedi, Advocate for complainant and Mr. Muhram G. Balouch, Advocate for the accused. After going through the statement of the accused, statement of his father recorded under section 161, Cr.P.C. and victim Aqsa, the learned Prosecutor contended that sufficient iota of evidence collected by the prosecution to establish that the accused has opened locker and bank accounts after committing robbery. The accused has admitted that the golden articles were deposited in locker No.157 having branch code 172 at Standard Chartered Bank, Supply Bazar, Gohar Plaze Branch Abbottabad and further disclosed that an amount of approximately 18 lacs was deposited in the account No.08157645001 at SCB, Model Colony Branch, Karachi. He has further disclosed that Rs.11 lacs has also deposited in account No.0977-0100-13501, Allied Bank, Khalid Bin Waleed Branch, Karachi and handsome amount was also deposited in Account No.142346-301 of My Bank (Summit Bank) Urdu Bazar Branch, Karachi. The applicant, being investigation officer required the detail of those amount and also required to open the locker, so that investigation be completed within stipulated time and would be in a position to submit challan before the trial court. The captioned application filed under section 129, Cr.P.C. is supported along with affidavit of the applicant/I.O. and along with relevant annexures as well. Mr. Shoukat H. Zubedi, Advocate for the Complainant added his legal expertise by advancing his arguments that the prayer made in the application is necessary for the purpose of investigation and this Court under section 94(1)(b), Cr.P.C. may grant permission to open the lockers where gold ornaments are lying and sanction of the court is required in determining the guilt or otherwise of the accused. On the other hand, contention of the learned Counsel for the accused is that the question of opening lockers and details of the accounts may be ascertained during trial and the permission as sought if allowed shall certainly prejudice the defence. In support of his contention learned Counsel placed reliance on Indian case reported as AIR 1965 Supreme Court 1251 wherein it was held that section 94 confers on a Court powers to issue summons and on a Police Officer to make an order to any person demanding production of a document or a thing believed to be in possession of that person. In rebuttal, learned Prosecutor contends that section 91 of Criminal Procedure Code, 1973 of India shall be attracted which does not confer any right on the accused to produce documents in his possession to prove his defence, therefore, the Indian case shall not help the version of the advocate for the accused. Suffice to say that the necessity to open the locker and to ascertain the complete statement of accused to accused would have to be seen with reference to the investigation under the criminal procedure as the police officer has the power to seize any property which may be found under circumstance, creating reasons to the commission of an offence. The property lying in a locker or in bank account of accused is case property within the meaning of section 102 and nothing prevent the police officer to seize or recover the case property in course of investigation, particularly the assets have direct links with the commission of the offence. In the result, the application is allowed as prayed for. MWA/M-85/K Application allowed.