Law:

Section:

Keywords: Customs, Export, Notification, Exchange, Restrictions, Government, Foreign Exchange, Conviction, Modification, Remission, Provisions, Plea, Imprisonment, Fine, Bonus Result: Appeal partly accepted JUDGMENT This appeal under section 23A (6) of the Foreign Exchange Regulations Act 1947 is directed against the judgment dated 30-11-1972 of learned First Additional Sessions Judge and Foreign Exchange Tribunal, Karachi, where by he convicted the appellant under section 23 of the Foreign Exchange Regulations Act of 1947 and sentenced him to six months' R. I. And to pay a fine of Rs. 5,000 and confiscated the betel-nuts in favour of the Government lying with the Customs authorities. 2. The facts briefly are that appellant is a businessman of import and export under the name and style of Premier trade Agency on Newnham Road, Karachi, He applied for .The issue of a licence for the import of miscellaneous provisions of all sorts against surrender of Bonus Vouchers. He was issued a licence by Chief Controller (Import and Export). The licence itself shows "that the appellant could import miscellaneous provisions all sorts N. O. S. Including saffron, excluding meat all sorts and in all forms, caned or bottled provisions or in retail packing". It is the case of the appellant that there was no restrictions on the licence that the appellant could not import betel-nuts against the said licence and that under bonus voucher scheme then in force, betel-nuts was not a banned item, because the notification did not mention betel-nuts as a banned item and that the appellant in his application to Habib Bank Ltd. Had clearly mentioned that 'the foreign exchange, was required for import of betel-nuts. This fact is not denied by the other side. Therefore, later on the appellant, however, imported betel-nuts against the said licence and in Karachi they were seized by the Customs authorities and later on a complaint was filed and he was convicted and sentenced as above. 3. I have heard Mr. Khalid Ishaque, Advocate for the appellant, Mr. Naimuddin, Advocate for the State Bank of Pakistan and Mr. Nooruddin Sarki, Advocate for the State. It may be noted that the learned counsel…

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