1969 P Cr (PLP)

Penal Code (XLV of 1860)

Ss. 420, 468, 471 & 409 read with Prevention of Corruption Act (II of 1917), S. 5(2)‑Seizure of property and freezing of Bank account of accused during investiga tion‑Held, not warranted by any provision of Cr. P. C. or Pakistan Criminal Law (Amendment) Act, 1958 and hence without jurisdiction‑Property and Bank account directed to he released. S. Sami Ahmad for Petitioners. Murtaza Hussain for the State. Date of hearing : 9th December 1968. A case under sections 420, 468, 471 and 409 read with section 5(2) of Act II of 1947, has been registered against the three petitioners, and during the course of investigation the articles listed in the Schedule, attached to the petition, have been freezed by the Investigating Agency, and under the order dated 4‑5‑68 of the City A. D. M., Karachi, directions were issued to the various banks, as mentioned in the Schedule, prohibiting them to allow the petitioners to operate on the accounts.

2. After hearing the learned counsel at some length, I have formed the opinion that there is no provision in the Criminal Procedure Code or under the Criminal Law (Amendment) Act, up‑to‑date, which would warrant either the seizure of the property A or the order of the Magistrate freezing the Bank accounts of the petitioners, in particular when it is not the case that any offence in regard to any of the articles has been committed. The allegations against the petitioners are that they jointly cheated the National Shipping Corporation by forging their letters of authorisation. One of, the petitioners, namely, Baligh Ahmad, is a business man and deals in Import and Export. Ilyas Ahmad (Petitioner No. 2) was a clerk in the National Bank of Pakistan at the relevant time when the alleged offences had taken place.

3. The only provision, to which my attention was drawn by the learned counsel for the State, is section 3 of the Pakistan Criminal Law Amendment Ordinance, 1944. A cursory reading of that section makes it manifest that the appropriate order in the circumstances can be passed by the District Judge. In the instant case the City A. D. M. and not the District Judge has passed order freezing the Bank accounts, and since this power can be exercised exclusively by the District Judge, the order is rendered without lawful authority, being passed without jurisdiction. The only purpose for which the prosecution can use these articles is that the value of the articles taken into possession was much in excess of the means of Ilyas Ahmad, one of the petitioners, who at the relevant time was a clerk in the National Bank of Pakistan. This object is achieved by the statement of the counsel for the petitioners at the Bar that they accept the value put by the prosecution, that is Rs. 1,80,000 to correct. I accordingly accept the revision petition, and direct that the properties mentioned in the Schedule attached to the petition be released. The order of A. D. M. prohibiting the Banks to allow the petitioners to operate on the accounts is also vacated. Petition accepted.