SHAH RUKH JAMAL vs NATIONAL ACCOUNTABILITY BUREAU, ISLAMABAD Ss — 2022 PLD 1 ISLAMABAD

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SHAH RUKH JAMAL VS NATIONAL ACCOUNTABILITY BUREAU, ISLAMABAD Ss.12, 13 & 23---Criminal Procedure Code (V of 1898), Ss. 53, 88, 145, 146 & 516-A---Constitution of Pakistan, Art. 199---Constitutional petition---Case property---Scope---Petitioners claimed that vehicle seized from house of accused during raid belonged to them---Authorities denied return of the vehicles on the ground that those were case properties and could be seized---Validity---Case property in the context of offences described under S.9 of National Accountability Ordinance, 1999, could only be dealt with under Ss. 12, 13 & 23 of National Accountability Ordinance, 1999---National Accountability Bureau was bereft of jurisdiction to resort to powers vested under Criminal Procedure Code, 1898---Vehicles claimed by petitioners were neither registered in the name of accused nor any material was collected by the Bureau to indicate the latter's connection therewith---Nothing was on record to satisfy required threshold of having 'reasonable grounds to believe' that the vehicles were connected with offences alleged to have been committed by accused---Vehicles were taken into possession by the Bureau and detained/seized in disregard to statutory requirements and safeguards provided under Ss. 12 & 13 of National Accountability Ordinance, 1999---Powers were exercised by the Bureau unlawfully and arbitrarily under Cr.P.C. on mere suspicion as vehicles were found at the property---Petitioners were not accused of committing any offence under National Accountability Ordinance, 1999, nor any proceedings pending against them thereunder---Nothing was on record to show Benami ownership or control of respondent---Detention and seizure of vehicles was without lawful authority and jurisdiction and was an abuse of powers by officials of Bureau---Such was not to hand over temporary possession (Superdari) because vehicles could not have been treated as 'case property' in relation to alleged offences committed by accused---Powers exercised by the Bureau to the extent of vehicles in question were ultra vires the scheme of National Accountability Ordinance, 1999---High Court remanded the matter to Accountability Court for releasing the vehicles in question to their lawful owners---Constitutional petition was allowed, in circumstances.

SHAH RUKH JAMAL vs NATIONAL ACCOUNTABILITY BUREAU, ISLAMABAD Ss — 2022 PLD 1 ISLAMABAD

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