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14

Search and seizure

Act: Anti-Money Laundering Ordinance 2009

Section Provisions

ORDINANCE XXVII OF 2009 ORDINANCE XXVII OF 2009 ANTI-MONEY LAUNDERING ORDINANCE, 2009 An Ordinance to provide for prevention of money Laundering [Gazette of Pakistan, Extraordinary, Part I, 26th November, 2009] No.2 (I) 12009-Pub., dated 26-11-2009.--The following Ordinance promulgated by the President is hereby published for general information: Whereas, it is expedient to provide for prevention of money laundering and forfeiture of property derived from, or involved in, money laundering and for matters connected therewith or incidental thereto; And, whereas the National Assembly is not in session and the President is satisfied that circumstances exist which render it necessary to take immediate action; Now, therefore, in exercise of the powers conferred by clause (1) of Article 89 of the Constitution of the Islamic Republic of Pakistan, the President is pleased to make and promulgate the following Ordinance:- 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 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 there from; (v) Make a note or any inventory of such record property; (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 Ordinance. (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.