SECP asks IOs to inform police prior to search operation
RECORDER REPORT
ISLAMABAD: The Securities and Exchange Commission of Pakistan (SECP) has directed its investigating officers to inform local police prior to carrying out search of any building, place, vessel and vehicle and other enclosed places.
According to the draft Securities and Exchange Commission of Pakistan (Search and Seizure) Rules, 2018 issued by the SECP here on Thursday, after obtaining approval from the Commission under rule 3, the investigating officer shall, prior to carrying out search of any building, place, vessel and vehicle and other enclosed places, inform the local police station having jurisdiction or in any other manner as provided for under rules and instructions made by the police department from time to time.
The investigating officer shall record entry of his arrival in the “daily diary or Rozenamcha” of the relevant police station.
Notwithstanding anything contained in any other provision of these rules, the investigating officer may, at any time when the circumstances so warrant, call police force or any other administrative agency for assistance in accordance with the law.
Provided that while asking for assistance from the concerned police officer, it shall not always be necessary, if circumstances so warrant, to give exact location of the place or building to be searched for operational reasons.
Where the investigating officer has apprehension that any person or occupants of any building, place, vessel and vehicle to be searched may create hindrance, resist search or such document or thing is not known to be in the possession of any person or where general search is required for the purposes of any proceedings, under these rules or any person will not produce any document or thing as required by the investigating officer in any proceedings or investigation under these rules, a search-warrants from the concerned magistrate may be obtained:
Provided that the investigating officer after obtaining warrant may conduct search of such person and enter any building, place, vessel or vehicle and seize any property, material, document, digital evidence, electronic device or thing required or associated with the commission of any offence under the Act or administered legislation.
The SECP said the investigating officer may break open any inner or other door or window of any building, place, vessel or vehicle, etc, and enter the same in order to seize any movable property if the investigating officer has reasonable grounds to believe that such building contains movable property liable to seizure and the investigating officer has notified his authority and purpose.
The investigating officer may require any person who is the owner or has the immediate possession or control of any box, locker, safe, almirah or any other receptacle situated in such house, building, office, place, vessel or vehicle, etc, to open the same and allow access to inspect or examine its contents and, where the keys thereof are not available or where such person fails to comply with any such requirement, may cause any action to be taken including the breaking open of such box, locker, safe, almirah or other receptacle which the investigating officer may deem necessary for carrying out all or any of the purposes of the Act or any administered legislation.
The investigating officer may require any person who is the owner or has the immediate possession or control of such house, building, office, place, vessel or vehicle pending the commencement of the search not to remove from such house, building, office, place, vessel or vehicle any article or other thing. All necessary precautions shall be taken by the investigating officer not to damage or destroy any article, building, vessel or vehicle or other things beyond what is absolutely necessary to enter building or conduct search and the use of force should be limited and restrictive, the SECP added.
