Law:

Section:

Criminal Procedure Code (V of 1898)---S.497---Foreign Exchange Regulation Act (VII of 1947), Ss.4 & 23---Anti-Money Laundering Act (VII of 2010), S.3---Possession of illegal foreign exchange and money laundering---Bail, grant of---Plea raised by accused was that he purchased foreign currency from money exchanger and neither he misused the same nor it was crime proceed---Validity---There was no allegation of any misuse of foreign exchange acquired by accused from authorized money exchanger, therefore, offence under S. 4 of Foreign Exchange Regulation Act, 1947, was not made out---For offence of money laundering, offending money must be proceed of crime---Nothing was alleged against accused that foreign exchange recovered from the possession of accused was in fact a proceed of crime---Bail was allowed in circumstances. ORDER IBAD-UR-REHMAN LODHI, J.---Petitioner Shams-ur-Rehman son of Akhtar Muhammad seeks post arrest bail in case F.I.R. No.8 of 2013 dated 21-6-2013 under section 4 of Anti-Money Laundering Act 2010, Section 23 of the Foreign Exchange Regulation Act, 1947 and 109, P.P.C., at Police Station, FIA/CBC, Islamabad, based upon F.I.R. No.86 dated 20-6-2013 registered at Police Station Taman, Tehsil Talagang, District Chakwal. 2. This case was originally registered in Police Station Taman, District Chakwal for commission of alleged offence under Section 4 of Anti-Money Laundering Act, 2010 and section 23 of Foreign Exchange Regulations Act, 1947 read with section 109 P.P.C. and subsequently being a scheduled offence, the investigation has been carried out by F.I.A in C.B.C. Rawalpindi/Islamabad. 3. The allegation against the present petitioner is that on interception when he was alighted from his car, he was found in possession of 25,61,452 Saudi Riyal, 81,000 Pounds, 6,16,050 Norwegians Krone, 3,71,645 Euro, 2,000 Kuwaiti Dinar, 17,000 Omani Riyal, 9,27,000 Japanese Yen, 1,00,000 Qatari Riyal and 45,000 Denish Krone, and according to the allegations contained in the F.I.R at the relevant time, the petitioner was not in a position to produce any valid certificate of having in possession of such huge foreign exchange. 4. Learned counsel for the…

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