Law: Foreign Exchange Regulation Act, 1947

Section: 4,5,23

Law: Penal Code (XLV of 1860)

Section: 109

(a) Foreign Exchange Regulation Act (VII of 1947)--- ----Ss. 4, 5 23---Penal Code (XLV of 1860), S.109---Indulging in business of hundi/hawala---Issuance of a warrant by the court---Requirements---Before carrying out any proceedings, a complaint in writing by a person authorized in that behalf by the Federal Government or by the State Bank of Pakistan supported by statement of that person on oath was a mandatory requirement of law before issuance of a warrant by the court of competent jurisdiction. (b) Foreign Exchange Regulation Act (VII of 1947)--- ----Ss. 4, 5 23---Penal Code (XLV of 1860), S.109---Indulging in business of hundi/hawala---Appreciation of evidence---Benefit of doubt---Accused was charged for carrying out foreign exchange business in an unauthorized manner---Record showed that Federal Investigation Agency (FIA) without adopting the required procedure and without seeking the permission of the concerned Magistrate had carried out all the proceedings i.e. conducted the raid, entered and searched the place of occurrence, collected the Pakistan and foreign currency, other articles and also arrested the accused persons---No search warrant, either from the Tribunal/Sessions Judge or from the concerned Magistrate was obtained in view of S.23 of the Foreign Exchange Regulation Act, 1947---Admittedly, no permissions with regard to arrest of the accused and for search of their shop were sought or granted---Despite the fact that the raid was conducted on the basis of prior information, the Investigating Officer had failed to associate any independent witness in the recovery proceedings nor the local police, within whose jurisdiction the raid was carried out, was associated---Entire recovery proceedings carried out by the FIA appeared to be doubtful---Circumstances suggested that the FIA illegally and without any mandate of law raided the shop of the accused and thereby travelled beyond their authority as the required procedure was not followed rather violated---Case of prosecution from its very inception was defective, not maintainable and the impugned order of conviction passed by the Trial Court liable to be set-aside, which was founded on violation of…

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