| Citation(s) |
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| 2025 SLG 581 2025 SLD 581 = 2025 MLD 148 |
Lahore High Court
W.P. No. 178 of 2023 (and other connected Petitions), decided on 24th October, 2024.
Before Shams Mehmood Mirza, J
Shoaib Rashid and Salman Aslam Butt in for the Petitioners (W.Ps. Nos. 176, 178, 38769, 40739 and 6346 all of 2023). Muhammad Imran Malik, Akif Majeed, Abdul Majeed Sohail, Hassan Ismail, Asif Mehmood Khan, Barrister Khizar Hayat and Farhan Shahzad for the Petitioners (in W.Ps. Nos. 21450 50492 of 2024, 64098, 64101, 66784, 4244, 6303 and 3868 of 2023). Barrister M. Hamza Akhtar, Barrister Syed Hussnain Abbas, Barrister M. Bilal Ramzan for the Petitioners (in W.Ps. Nos. 46936 and 83129 of 2023). Zahid Imran Gondal, Adeel Khawar Nahra, Malik Asad Ullah Wagrah, Mst. Zunaira Patrick and Barrister Hassan Safdar Khan for the Petitioners (in W.Ps. Nos. 53988 and 46936 of 2023). Zia Haider Rizvi for the Petitioner (in W.P. No. 83129 of 2024). Ch. Jamil Ahsan Gill for the Petitioner (in W.P. No. 49013 of 2024). Sheraz Zaka Assistant Attorney General. Rehan Nawaz and Shahid Raza for State Bank of Pakistan.
W.P. No. 178 of 2023 (and other connected Petitions), decided on 24th October, 2024.
Before Shams Mehmood Mirza, J
Shoaib Rashid and Salman Aslam Butt in for the Petitioners (W.Ps. Nos. 176, 178, 38769, 40739 and 6346 all of 2023). Muhammad Imran Malik, Akif Majeed, Abdul Majeed Sohail, Hassan Ismail, Asif Mehmood Khan, Barrister Khizar Hayat and Farhan Shahzad for the Petitioners (in W.Ps. Nos. 21450 50492 of 2024, 64098, 64101, 66784, 4244, 6303 and 3868 of 2023). Barrister M. Hamza Akhtar, Barrister Syed Hussnain Abbas, Barrister M. Bilal Ramzan for the Petitioners (in W.Ps. Nos. 46936 and 83129 of 2023). Zahid Imran Gondal, Adeel Khawar Nahra, Malik Asad Ullah Wagrah, Mst. Zunaira Patrick and Barrister Hassan Safdar Khan for the Petitioners (in W.Ps. Nos. 53988 and 46936 of 2023). Zia Haider Rizvi for the Petitioner (in W.P. No. 83129 of 2024). Ch. Jamil Ahsan Gill for the Petitioner (in W.P. No. 49013 of 2024). Sheraz Zaka Assistant Attorney General. Rehan Nawaz and Shahid Raza for State Bank of Pakistan.
KHURAM IFTIKHAR and another---Petitioners
VERSUS
FEDERATION OF PAKISTAN and others---Respondents
Law: Foreign Exchange Regulation Act, 1947
Section: VII,12(1),23,23A,23B
(a) Foreign Exchange Regulation Act (VII of 1947)-------Ss.12(1), 23 & 23A---Adjudication proceedings---Scope---Offence contemplated by S.23 of Foreign Exchange Regulation Act, 1947 is triable by a Tribunal created under S.23A of Foreign Exchange Regulation Act, 1947--Provision of S.23 of Foreign Exchange Regulation Act, 1947, by its terms excludes, amongst others, provision of S.12 (1) of Foreign Exchange Regulation Act, 1947 from its operation.(b) Foreign Exchange Regulation Act (VII of 1947)-------Ss.12(1), 23, 23A & 23B---Adjudication proceedings--- Show cause notice-- Payment of exported goods--- Petitioners / directors of exporter company were aggrieved of show cause notice issued by authorities intending to initiate proceedings for not repatriating export value of exported goods--- Validity--Contravention of provision of S.12 (1) of Foreign Exchange Regulation Act, 1947, can only result in imposition of penalty and no punishment of sentence is prescribed--- Issue of such punishment does not arise in case of S.23B read with S.12 (1) of Foreign Exchange Regulation Act, 1947--- Statute which visits penal consequences on a person for his conduct must be construed strictly--Legislature did not intend to make directors and other officials of the company liable in case of violation / contravention of the provisions of S.12 (1) of Foreign Exchange Regulation Act, 1947--- Action of authorities in sending show cause notice and summons in pursuance thereof for alleged contravention of provision of S.12 (1) of Foreign Exchange Regulation Act, 1947 by petitioners / directors could not be sustained under S.23B of Foreign Exchange Regulation Act, 1947, which by its terms did not attach any penalty to petitioners / directors of exporter company--- High Court set aside show cause notice and summons issued against petitioners / directors as the same were without lawful authority and of no legal effect--- Constitutional petition was allowed accordingly.Qassim Shah and others v. The State PLD 1991 SC 893; Superintendent of Police, Federal Investigation Agency, Lahore and another v. Akhtar Hussain Bhutta PLD 1978 SC 193…
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