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15

Search of persons

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:-- 15. Search of persons.--(1) If an Investigating Officer, has reason to believe (the reason for such belief to be recorded in writing) that any person has secreted about the person or anything under his possession, ownership or control, any record or proceeds of crime which may be useful for or relevant to any proceedings under this Act, he may, with the prior permission of the Court, search that person and seize such record or property which may be useful for or relevant to any proceedings under this Act. (2) 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. (3) Where an Investigating Officer has searched any person and if arrest of such person is necessary, he shall take such person within twenty-four hours to the nearest Judicial Magistrate: Provided that the period of twenty-four hours shall exclude the time necessary for the journey undertaken to take such person to the nearest Magistrate's Court. (4) If the requisition under subsection (3) is made, the Investigating Officer shall not detain the person for more than twenty-four hours and if the detention of such person is required for more than twenty-four hours, the Investigating Officer shall obtain order from Judicial Magistrate which period shall in no case exceed fifteen days. (5) The Magistrate before whom any such person is brought shall, if he sees no reasonable ground for search, forthwith discharge such person. (6) No female shall be searched by any one except a female. (7) The Investigating Officer shall record the statement of the person searched under subsection (1) or subsection (5) in respect of the records or proceeds of crime found or seized in the course of the search. (8) The Investigating Officer, seizing any record or property/ under subsection (1) shall, within a period of thirty days from such seizure, file an application requesting for retention of such record or property before the Court.