Law: Foreign Exchange Regulation Act, 1947

Section: 4,9,23

Keywords: Prosecution, Selling, Permission, Possession, Assign, Evidence, Consideration, Impugned Judgment, Set Aside, Conviction, Offer, Notification, Payment, Office, Order, Outside Pakistan, Foreign Currency, Acquisition, Government, Exchange, Defence, Information, Guilty, Foreign Exchange Result: Appeal allowed. JUDGMENT Abdul Razzak A. THAHIM J,-1. This appeal has been filed against judgment, dated 3rd September, 1981 of Sessions Judge, Karachi/F. E. R. Tribunal in Case No. 8 of 198l, whereby he convicted the appellant under section 9/23 of Foreign Exchange Regulation Act, 1947, and sentenced him to suffer R. I. For three months. 2. The brief foots of the prosecution case are that on 12th October, 1980, Sirajuddin Ahmed, was posted as Inspector with F. I. A. Police in State Bank Circle, Karachi. He received an information that some people were in possession of foreign currency. He alongwith his subordinate staff came at foot path near Old Building of State Bank of Pakistan, Boulton Market, Karachi, and in presence of mashirs Anwar Ali and Muhammad Hassan, caught hold of the present appellant Muhammad Saleem and searched his person. He recovered 1,117 Saudi Riyals and prepared mashirnama. He then lodged complaint under section 9/23 of the Foreign Exchange Regulation Act, 1947. The appellant was challaned on 21st January, 1981. The charge under section 9 read with section 23 of Foreign Exchange Regulation Act, 1947, was framed and he pleaded not guilty and case proceeded. 3. The prosecution examined Anwar Ali mashir, Exh. 3, and complainant Sirajuddin Ahmed, Exh. 6. The appellant produced no witness in his defence. P.W.2 Sirajuddin, Inspector, stated the same facts as mentioned in the F. I. R., and deposed that he secured 1,117 Saudi Riyals from appellant. P. W. 1. Anwar Ali has stated that he was doing business of selling of opticals at Boulton Market, Karachi, when on 12th January, 198l at about 12-00 noon, he was going from his shop to post office, one Police Officer asked him to act as mashir. He accompanied the Police Officer and on the footpath he saw the present appellant was holding some foreign currency and was talking to some persons. The police…

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