Law: Foreign Exchange Regulation Act, 1947

Section: 5(1)(c), 23

Law: Evidence Act (I of 1872)

Section: 56

  (a) Foreign Exchange Regulation Act (VII of 1947) S. 5(l)(c) read with S. 23-Case under Ss. 5(1)(c) & 23 depends upon circumstances of actual payment and its being made on direction of a person resident abroad-Person receiving money admitting to have received it from accused through instrumentality of a person resident outside Pakistan-No reason for recipient of money to receive amount from accused or anybody else in Pakistan-Explanation given by accused neither proved nor plausible-Conviction, held, proper and. maintained. (b) Evidence Act (I of 1872) S. 56-Judicial notice-Notification published in official Gazette --Courts have to take judicial notice of same-No question arises of producing such notification just as a witness produces any other document. (e) Foreign Exchange Regulation Act (VII of 1947) S. 5-Word "resident" in S. 5-Means residing at a place where a person ordinarily lives and to which he means to return after any visit he might pay to any place outside Pakistan-Casual visit abroad or even protracted residence abroad-Would not change concept of residence. P L D 1961 S C 112 not applicable.             1973 S C M R 104 ref. (d) Foreign Exchange Regulation Act (VII of 1947) S. 23-Sentence-Sum involved Rs. 15,000 and accused not unlikely to have participated in illegal act without expectation of any benefit --Case not one of a friend obliging another-Fine of Rs. 5,000, or in default 6 months S. I., held, not excessive but erring on lenient side. Dates of hearing : 7th September and 5th October 1973.                                                                                                                       JUDGMENT The appellant in this case has been convicted by the learned IVth. Additional Sessions Judge, Karachi acting as a Tribunal under the Foreign Exchange Regulation…