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15

Search of persons

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:- 15. Search of persons.--(I) 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 Ordinance, 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 Ordinance. (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.