Law: Constitution of Pakistan, 1973

Section: 157

Law: Foreign Exchange Regulation Act, 1947

Section: 22A,23A,23B,23.13

(a) Supreme Court----- ----Special leave to appeal-Plea of guilty by accused-Case involving interpretation of Constitution ­Leave granted-Constitution of Pakistan, Art. 157. (b) Foreign Exchange Regulation Act (VII of 1947)------ ----S. 22A as inserted by Foreign Exchange Regulation (Amend­ment) Act (XXXII of 1956)-Delegation of power to Central Government or the State Bank, to determine whether an offender should be tried under ordinary law (S. 23) or by an Adjudica­tion Officer (S. 23A) or by a Tribunal (S. 23B)-Held, not in excess of limits of delegated legislative powers-Section 22A not invalid on that score. Held, that section 22A, inserted in the Foreign Exchange Regulation Act (VII of 1947), by the Foreign Exchange Regulation (Amendment) Act (XXXII of 1956), and which gave a power to the Central Government or the State Bank to determine whether an offender under the Act was to be tried under the ordinary law (section 23), or by an Adjudication Officer, (section 23A), or by a Tribunal (section 2313), was not invalid on the ground of excessive delegation of legislative authority, inasmuch as it did not trespass the limits to which legislative functions may rightly be delegated. The provisions of the section did not amount to unconstitutional delegation of legislative functions. King Emperor v. Benoari Lal Sharma 72 I A 57 ref. (c) Foreign Exchange Regulation Act (VII of 1947)--- ---Ss. 22A, 23A & 23B as inserted by Foreign Exchange Regulation (Amendment) Act (XXXII of 1956) - Discrimi­natory-Offend against Art. 5, Constitution of Pakistan Amending Act void. Held, that the Foreign Exchange Regulation (Amendment) Act (XXXII of 1956), which, by adding sections 22A, 23A and 2313 to the original Act gave power to the Central Government or the State Bank to determine whether an offender, under the original Act was to be tried under the ordinary law (section 23), or by an Adjudication Officer (section 23A), or by a Tribunal (section 2313), the three sections prescribing three different punishing authorities each with different power and procedure and entailing punishments of unequal nature and description, offended against Article 5 of the Constitution and…

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