Law:

Section:

Criminal Procedure Code (V of 1898)--- ----Ss. 497(2) & 103---Foreign Exchange Regulation Act (VII of 1947), Ss.5 & 23---Anti-Money Laundering Act (VII of 2010), Ss.3 & 4---Passports Act (XX of 1974), S.6---Hundi/Hawala business---Bail, grant of---Further inquiry---Despite prior information, raid was conducted without complying with the mandatory provisions of S.103, Cr.P.C., as no respectables of the locality, were associated to confirm the seizure of the money, documents and registers etc. from accused persons---Money so recovered from accused persons, was Pakistan currency and as to whether the said money belonged to accused persons, or was the amount involved in the business of Hundi/Hawala, was a question, which could only be thrashed out during the course of trial after recording evidence---Case of accused persons, prima facie, was one of further enquiry, entitling them to the concession of bail---Accused were granted bail, in circumstances. JUDGMENT QAISER RASHID KHAN, J.---Petitioners, seek bail in case FIR No.36 dated 10-6-2015 under sections 5/23 Foreign Exchange Regulation Act, 1947, 3/4 Anti-Money Laundering Act, 2010 and section 6 of the Passport Act, 1974, Police Station FIA/CBC, Peshawar after having been refused the said relief by the learned court below. 2. Allegations against the accused-petitioners are that they were found dealing in the illegal business of Hundi/Hawala at Shop No. A-5 1st Floor, City Centre, Naz Cinema Road Peshawar City whereby Pakistani currency of Rs.12923000 along with certain documents, registers, cheque books and deposit slips etc, were recovered from them on 10-6-2015, hence the FIR ibid. Arguments heard and record perused. 3. As per the FIR, it was on prior information that Hundi/Hawala business was being carried out at Shop No. A-5 Naz Cinema Road Peshawar when a raid was conducted by the FIR raiding party and the accused-…

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