21
Offences to be non-cognizable and non-bailable
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:- 21. Offences to be non-cognizable and non-bailable.--(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (Act V of 1898) and subject to subsections (2) and ( 3 ),-- (a) Every offence punishable under this Ordinance shall be non-cognizable and non-bailable; (b) no person accused of an offence punishable under this Ordinance for a term of imprisonment of more than three years shall be released on bail or on his own bond unless-- 0) the Public Prosecutor has been given due notice; and (ii) where the Public Prosecutor opposes the application, the Court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail. (2) The Court shall not take cognizance of any offence punishable under section 4 except upon a complaint in writing made by, - (a) the investigating officer; or (b) any officer of the Federal Government or a Provincial Government authorized in writing in this behalf by the Federal Government by a general or special order made in this behalf by that Government: Provided that where the person accused is a financial institution, the investigating officer or any other authorized officer, as the case may be shall, before filing such complaint, seek the approval of the concerned regulatory authority which shall not withhold its decision for a period exceeding sixty days. (3) The Court shall not take cognizance of any offence punishable under subsection (1) of section 33 except upon a complaint in writing made by the FMU. (4) The power and discretion on granting of bail specified in clause (b) of subsection (1) are in addition to the power and discretion under the Code of Criminal Procedure, 1898 (Act V of 1898), or any other law for the time being in force on granting of bail.