Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Foreign Exchange Regulation Act, 1947

Section: VII,4,5,8,23

Law: Constitution of Pakistan, 1973

Section: 189

(a)    Criminal Procedure Code (V of 1898)-------S. 497---Foreign Exchange Regulation Act (VII of 1947),Ss. 4, 5, 8 & 23--Payments through informal banking channel of "hawala"/"hundi"---Post-arrest bail, grant of---Allegation against the petitioner/accused (who owned/operated an electronic goods shop) was that he got people to bring phones and electronic tablets from Dubai to sell in Pakistan but made payments to the sellers through the informal banking channel of "hawala"/ "hundi"---First Information Report was registered against the petitioner/ accused under Foreign Exchange Regulations Act, 1947, (FERA) beside other laws including Customs Act, 1969--Bail petition moved by petitioner/accused was dismissed by the Tribunal under FERA (' the Tribunal')---Held, that evidence against the petitioner /accused included` his phone's WhatsApp messenger allegedly carrying incriminating messages like receipts of purchases---However, said messages were yet to be thoroughly scrutinized, and it was yet to be determined how payments were made abroad, their exact mode, and to whom they were made---Evidence which would stand the test of legal scrutiny was yet to be obtained by the Federal Investigating Agency( FIA)---On the contrary, the FIR seemed to reflect that the petitioner paid Pakistan Rupees to specific suppliers, whose details were mentioned in the FIR---Impugned bail dismissal order seemed to have taken the smuggling of electronic items as its basis, whereas the Tribunal was not seized of that part of the alleged crime---1500 Saudi Rivals and 5 Omani Riyals were found in the petitioner's possession---Possessing foreign currency was not a crime, and it was not a large amount for a person to keep---Petitioner should be allowed to explain at trial and provide a record of the mode in which he had made payment to people from whom he claimed to have bought the electronic items---Electronic items in question had been seized and were in the possession of law enforcers--Present bail application did not pertain to the alleged offences under the Customs Act, 1969---Offence with which the petitioner was charged under the FERA carried a potential sentence…