14
Search and seizure
Act: Anti-Money Laundering Act 2010
Section Provisions
ACT VII OF 2010 ACT VII OF 2010 ANTI-MONEY LAUNDERING ACT, 2010 An Act to provide for prevention of money laundering [Gazette of Pakistan, Extraordinary, Part I, 27th March 2009] No.F.9 (4)/2010-Legis., dated 27-3-2010.--The following Act of Majlis-e-Shoora (Parliament) received the assent of the President on 26th March, 2010, is hereby published for general information: Whereas, it is expedient to provide for prevention of money laundering combating financing of terrorism and forfeiture of property derived from, or involved in, money laundering or financing of terrorism and for matters connected therewith or incidental thereto; It is hereby enacted as follows:-- 14. Search and seizure.--(1) Subject to subsection (2), where the Investigating Officer, on the basis of information in his possession, has reason to believe that any person,-- (a) Has committed any act which constitutes money-laundering, (b) Is in possession of any proceeds of crime involved in money laundering; or (c) is in possession of any records relating to money-laundering, Then, subject to the rules made in this behalf, he may either authorize any officer subordinate to him, or himself to,- (i) enter and search any building, place, vessel, vehicle or aircraft where he has reason to suspect that such records or proceeds of crime are kept; (ii) break open the lock of any door, box locker, safe, almirah or other receptacles for exercising the powers conferred by sub-clause (i) where the keys thereof are not available; (iii) Seize any record or property found as a result of such search; (iv) Place marks of identification on such record or make, or cause to be made, extracts or copies therefrom; (v) Make a note or any inventory of such record property; and (vi) Examine on oath any person, who is found to be in possession or control of any record or property, in respect of all matters relevant for the purposes of any investigation under this Act. (2) The powers to search under subsection (1) shall be exercisable by the Investigating Officer with the prior permission of the Court. (3) The Investigating Officer shall, within forty-eight hours immediately after search and seizure, forward a copy of the report on search and seizure, along with the reasons and copies or details of the material in his possession, to the head of the concerned investigating agency in a sealed envelope and shall keep such record and material in such manner and for such period, as may be prescribed. (4) Where the Investigating Officer, upon information obtained during survey under section 13, is satisfied that any evidence shall be or is likely to be concealed or tampered with, he may, for reasons to be recorded in writing, enter and search the building or place where such evidence is located and seize that evidence. (5) The Investigating Officer, seizing any record or property under this section, shall, within a period of thirty days from such seizure, file an application, requesting for retention of such record or property before the Court.