Citation Name: 2023 PCrLJ 1030 LAHORE-HIGH-COURT-LAHOREBookmark this Case UZMA ADIL KHAN vs FEDERAL INVESTIGAT

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Citation Name: 2023 PCrLJ 1030 LAHORE-HIGH-COURT-LAHOREBookmark this Case 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. Citation Name: 2023 PCrLJ 1030 LAHORE-HIGH-COURT-LAHOREBookmark this Case UZMA ADIL KHAN VS FEDERAL INVESTIGATION AGENCY through Director General, Islamabad S. 5(5)---anti-Money Laundering act (VII of 2010), Ss. 3 & 4---Constitution of Pakistan, art. 199---Constitutional petition---Quashing of proceedings---Restrictions imposed on property rights---Petitioners were aggrieved of initiation of inquiry by Federal Investigating agency and imposing restrictions on their properties and bank accounts---Validity---There was no Suspicious Transaction Report (STR) against petitioners nor Federal Investigating agency had any report in its possession to reasonably believe that property was involved in Money-Laundering---Investigating officer did not seek permission of Trial Court to attach Bank accounts nor had sent any notice to petitioners---Seizure of property was not made in accordance with the law rather the same was in contravention of the provision of law---Seizure of Bank accounts of the petitioners was nothing but a nullity in the eye of law---High Court set aside seizure letter issued by Federal Investigating agency as the same suffered from perversity and clear transgression of authority and was nullity in the eye of law---Constitutional petition was allowed, in circumstances. Citation Name: 2023 PCrLJ 1030 LAHORE-HIGH-COURT-LAHOREBookmark this Case UZMA ADIL KHAN VS FEDERAL INVESTIGATION AGENCY through Director General, Islamabad Ss. 2 & 3---Money laundering---Pre-condition---Necessary element of offence of money laundering is commission of a predicate offence---Execution of predicate offence gives birth to proceeds of crime, the movement of which attracts criminal conduct of money laundering---Without commission of predicate offence there cannot be an offence of money laundering. Citation Name: 2023 PCrLJ 1030 LAHORE-HIGH-COURT-LAHOREBookmark this Case UZMA ADIL KHAN VS FEDERAL INVESTIGATION AGENCY through Director General, Islamabad Ss. 2(xi), (xv), 23(3)(f), 23(4) & 23(6)---Pakistan Oil (Refining, Blending, Transportation, Storage and Marketing) Rules, 2016, Rr. 34 & 35---License, issuance of---Pre-condition---Oil and Gas Regulatory Authority allows provisional licensee to undertake marketing of petroleum products/refined oil products, when it completes first storage facility and area of marketing is restricted to Province, where it develops that storage/depots and so on till it completes the entire work programme, which entitles the licensee to have a licence for a longer period i.e. maximum 30 years---New licensee does not have to first complete all its entire marketing infrastructure before having license for undertaking marketing of petroleum product, establish retail outlets and filling stations during initial license period, which are a part and parcel of the work programme---Provision of R. 35 of Pakistan Oil (Refining, Blending, Transportation, Storage and Marketing) Rules, 2016, nowhere places any embargo that licensee cannot operate retail outlets or its storages during the initial license term of three years.

Citation Name: 2023 PCrLJ 1030 LAHORE-HIGH-COURT-LAHOREBookmark this Case UZMA ADIL KHAN vs FEDERAL INVESTIGATION AGENCY through Director General, Islamabad S — 2023 PCrLJ 1030 LAHORE-HIGH-COURT-LAHORE

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