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Got Your Money Confiscated by Police? High Court Offers Relief

POLICE TOOK YOUR CASH? HC SAYS GET IT BACK After Acquittal!

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Got Your Money Confiscated by Police? Lahore High Court Offers Relief

This blog post tackles a situation many people might face: having money confiscated by the police and struggling to get it back. This judgment from the Lahore High Court offers valuable insights for those in similar situations.

Case background

Two separate groups of people (petitioners) faced criminal charges (FIR No. 40 dated 05.05.2009) under various sections of the Pakistan Penal Code (PPC) and the Prevention of Corruption Act. The police confiscated significant sums of money from them during the investigation.

The Twist: Confiscated Money Return

While the petitioners were initially convicted by a lower court, the Lahore High Court acquitted them on appeal in March 2016. This means they were found not guilty of the charges. However, the confiscated money remained with the authorities.

The Fight for Return

The petitioners wanted their money back. They initially requested its return from the Special Judge (Central) in Lahore but withdrew their petition to refile later. They also tried a different legal route (writ petition) but were unsuccessful.

Final Round

After the Supreme Court dismissed the appeal against their acquittal, the petitioners went back to the Special Judge demanding their money. Unfortunately, their request was denied in March 2021. This denial prompted them to file revision petitions with the Lahore High Court, which is the subject of this judgment.

The Legal Jargon Breakdown
  • FIR  A formal complaint filed with the police about a crime.
  • Confiscated Funds Money seized by the police during an investigation, often suspected to be linked to criminal activity.
  • Acquittal A legal finding that a person is not guilty of the charges against them.
  • Cr.P.C. The Code of Criminal Procedure, a law outlining procedures for criminal cases in Pakistan.
  • Revision Petition A legal request asking a higher court to review and change the decision of a lower court.
The Court’s Decision

The Lahore High Court allowed the revision petitions.

  1. Section 517 of the Cr.P.C. This section empowers the court, after a trial is complete, to decide what happens to the confiscated property (money in this case). It can be destroyed, confiscated permanently, or returned to the rightful owner.
  2. Acquittal and Property Claims Since the petitioners were acquitted, the court believed their money should no longer be considered “case property.
  3. Improper Dismissal The High Court felt the Special Judge wrongly dismissed the petitioners’ claims under Section 517.
  4. Lower Courts Role The judgment emphasizes that lower courts have a responsibility to address claims for the return of confiscated property after an acquittal.
  5. Revisional Power The High Court, through its revisional power, can intervene if lower courts fail to address such claims properly.
  6. Detailed Inquiry As the petitioners didn’t claim the money during the trial, the court felt a more thorough investigation by the trial court was necessary.
What This Means for You

If you’ve faced a similar situation and been acquitted of charges, but the police still hold your confiscated money, this judgment offers hope.

  • Know Your Rights You have the right to claim your confiscated money back after an acquittal.
  • Section 517 of Cr.P.C. This is the relevant law that governs the return of confiscated property.
  • Don’t Give Up If your initial request is denied, you can file a revision petition with a higher court.
  • Seek Legal Help A lawyer can guide you through the legal process and ensure your rights are protected.

Contact Us

This blog post is for general information purposes only and does not constitute legal advice. Every case has its own unique aspects. The PDF for the full citation is below for reference.

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