UZMA ADIL KHAN vs FEDERAL INVESTIGATION AGENCY through Director General, Islamabad S — 2023 CLD 599 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2023 CLD 599 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2023
Reporter: CLD
Parties: UZMA ADIL KHAN vs FEDERAL INVESTIGATION AGENCY through Director General, Islamabad S
Subject matter: Civil
Provisions referred to: S. 5; Federal Investigating Agency Act

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

UZMA ADIL KHAN VS FEDERAL INVESTIGATION AGENCY through Director General, Islamabad S. 5(5)---Restrictions imposed on property rights---Pre-conditions---Powers under S. 5(5) of Federal Investigating Agency Act, 1974 are based on four ingredients: (i) property has some nexus with investigation/alleged offence; (ii) there is likelihood that the property is to be removed, transferred or otherwise disposed of before an order passed by appropriate authority for its seizure is obtained; (iii) by issuing an order in writing directing the owner or any person who is for the time being in possession thereof not to remove, transfer or otherwise dispose of such property in any manner; and (iv) the order has to be subject to any order made by the Court having jurisdiction in the matter---Powers bestowed upon members of FIA under S. 5(5) of Federal Investigating Agency Act, 1974, are not unfettered, rather are subject to certain restrictions and limitations, required to be used sparingly and in cases of exceptional nature.

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