NATIONAL BANK OF PAKISTAN vs State S — 2021 PLD 670 LAHORE-HIGH-COURT-LAHORE

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NATIONAL BANK OF PAKISTAN VS State S. 22-a---Federal Investigation agency act, 1974 (VIII of 1975), Ss. 3, 4 & 5---Powers of Justice of Peace---Constitution of the Federal Investigation agency (FIa)---Superintendence and administration of the agency---Powers of the members of the agency---Expression 'police authorities'---Scope---Question before High Court was whether FIR fell within the expression 'police authorities' as used in S.22-a(6), Cr.P.C.---Held; FIa was constituted under S.3 of the Federal Investigation agency act, 1974---Section 4(2) provided that the administration of the agency shall vest in the Director General who shall exercise, in respect of the agency, the powers of an Inspector General of Police under the Police act, 1861---While S.5(1) in most unequivocal manner provided that the members of the agency shall, for the purpose of an inquiry or investigation under the Federal Investigation agency act, 1974, have throughout Pakistan such powers, including powers relating to search, arrest of persons and seizure of property, and such duties, privileges and liabilities as the officers of Provincial Police have in relation to the investigation of offences under the Criminal Procedure Code, 1898 or any other law for the time being in force, therefore, when functions, rights, privileges and liabilities of officials of FIa were same as that of Provincial Police officer under the Cr.P.C., ex-officio Justice of Peace was very much competent to issue directions to the FIa as it could issue to the Provincial Police---Term 'police authorities' used in S.22-a(6), Cr.P.C., was wide enough to include FIa officials---No provision of the Federal Investigation agency act, 1974, contradicted the powers of ex-officio Justice of Peace granted under S.22-a(6), Cr.P.C.

NATIONAL BANK OF PAKISTAN vs State S — 2021 PLD 670 LAHORE-HIGH-COURT-LAHORE

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