In Pakistan, the police have the authority to seize items as part of their investigative and law enforcement duties. The legal provision that empowers the police to seize items is primarily outlined in the Code of Criminal Procedure (CrPC), which is a comprehensive legislation governing criminal procedures in the country.
Under Section 102 of the CrPC, the police have the power to seize any property that they have reason to believe is an instrument, or evidence, of a crime. This provision allows the police to take possession of items such as weapons, stolen goods, illegal drugs, counterfeit currency, or any other item that may be relevant to an ongoing investigation.
Section 165 of the CrPC further empowers the police to conduct searches and seize items in specific circumstances. It allows the police officer, in charge of a police station, to search for and seize any property without a warrant when they have reasonable grounds for believing that such property is necessary for the investigation of an offense.
It is important to note that while the police have the authority to seize items, they must adhere to the legal provisions and procedures outlined in the CrPC. The seized items are typically recorded, and an inventory is prepared in the presence of witnesses. The items may be submitted as evidence during the court proceedings or used to further the investigation.
In addition to the CrPC, specific laws such as the Anti-Terrorism Act, 1997, and the Narcotics Control Act, 1997, provide further provisions for the seizure of items related to specific types of offenses, such as terrorism and narcotics-related crimes.
It is crucial for the police to exercise their powers of seizure responsibly and within the boundaries of the law to ensure that the rights of individuals are protected, and due process is followed.