Law: Foreign Exchange Regulation (Amendment) Ordinance, 2002

Section: 4(1),5,23,23-A(6)

Law: Criminal Procedure Code (V of 1898)

Section: 427

(a) Administration of justice--- ----Practice and procedure---Ancillary proceedings---Scope---Such proceedings or action does not overrule a provision of substantive law, which cannot be defeated nor any such direction can be made by giving it an overriding effect over substantive provision of Act in question. (b) Foreign Exchange Regulations Act (VII of 1947)--- ----Ss. 4(1), 5, 23, 23-A(6)---Criminal Procedure Code (V of 1898), S. 417---Appeal against acquittal---Foreign currency, recovery of---Requisite authorization, absence of---Effect---Accused persons were acquitted by Trial Court as there was no requisite authorization by Federal Government or State Bank of Pakistan to register FIR in question---Validity---Where law had provided a specific procedure or mechanism intended to be undertaken against a person by any forum either judicial, quasi-judicial or executive, if such action was patently illegal or against mandate of law on the subject, specially the express provisions and implied spirit of statute, which if allowed to stay intact, would tantamount to/and would cause serious breach of legal rights of a citizen, High Court under its Constitutional jurisdiction could come for his rescue---Complainant made departure from mandatory provision of Foreign Exchange Regulations Act, 1947, and had committed a serious illegality, which if allowed to stay would amount to serious breach of legal fundamental right of citizen guaranteed by the Constitution---Federal Investigation Agency did not act in the manner prescribed by law, therefore, maxim “justice should prevail no matter if the heaven falls” had come to play---High Court declined to interfere in acquittal of accused persons recorded by Trial Court---Appeal was dismissed in circumstances. 2013 PCr.LJ 12; 2017 PCr.LJ 69 and 2018 YLR 2668 ref. Muhammad Anwar and others v. Mst. Ilyas Begum and others PLD 2013 SC 255 rel. Hameedullah Babar, Assistant Director (Legal) FIA for Appellant (in Criminal Acquittal Appeals Nos. 207, 257, 258 and 259 of 2020). Faiz Ahmed for Respondent (in Criminal Acquittal Appeal No. 207 of 2020). Naveed Ahmed Muhammad Hassani for Respondent (in Criminal Acquittal Appeal No. 257 of…

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