Case Details

Citation(s)
1971 SLG 731 1971 SLD 731 1971 PCRLJ 1042
Sindh High Court
Appeal No. 130 of 1967, 22nd February, 1971
MUHAMMAD HALEEM, J

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Ismail

VS

The State And Anothers

Law:

Section:

Keywords: Notices, Exchange, Maintain, Prosecution, Export, Consideration, Violation, Fine, Notice, Reduction, Evidence, Imprisonment, Guilty, Conviction, Foreign Exchange, Proceeds, Cross-Examination, Goods, Examination, Dispute, In Lieu, Customs Result: Appeal dismissed JUDGMENT Appellant Ismail son of Ibrahim was convicted along with Ismail Abdul Latif, Majid Yasin and Abdul Hamid under sec tion 12(1) read with section 23 of the Foreign Exchange Regulation Act and each of them was sentenced to pay a fine of Rs. 2,000 or in default to undergo rigorous imprisonment for 6 months. Apart from the appellant the three convicted accused have not preferred any appeal. 2. In short the prosecution case is that the appellant and the other three accused were partners in a firm which had exported sweets in three consignments to Dubai of the value of Rs. 5,000 in March and April 1964. In accordance "with the' declaration signed by the appellant on behalf of the firm the proceeds of these consignments had to be repatriated to Pakistan within 4 months from the date of export. Since the appellant and the others failed to repatriate the proceeds notices were sent to them to show cause why the sale proceeds had not been repatriated. In reply to this notice, the appellant stated that Ismail Abdul Latif, the convicted co-accused had sold the above consignment at a profit but he had turned out to be dishonest and had misappropriated the sale proceeds and it does not, therefore, appear that he would remit the sale proceeds. In his statement recorded under section 342, Cr. P. C. He took a different stand and stated that the consignments were completely spoiled and burnt 'and at the same the he admitted that one amount of Rs. 500 and to of Rs. 219 were received in Pakistan as the sale proceeds of the consignments. The tribunal after, appraising of the evidence reached the conclusion that the appellant and the others were guilty of an offence under section 12 (1) read with section 23 of the Foreign Regulations Act and convicted them accordingly. 3. The learned counsel for the appellant before me has trot seriously challenged his conviction: The 'prosecution examined Mr. E. D. Butt,…
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