Law:

Section:

(a) Criminal trial Mens rea Mens rea or a guilty mind was an essential ingredient of a criminal offence and it was sound rule of construction to read element of mens rea in statutory provisions, unless statute expressly or by necessary implication excluded it. (b) Banking Companies Ordinance (LVII of 1962) Ss.27(1), 43 A & 83(1 C) Appreciation of evidence Benefit of doubt Prosecution had failed to prove its case against accused beyond any reasonable doubt Benefit of doubt was extended to accused and they were acquitted from the charge. JUDGMENT The charge against the accused is that they alongwith absconding accused Syed Akbar Hussain Rizvi, being the Director of Messrs SACO International (Pvt.) Ltd., having office at C 9/A, Saghir Centre, Rashid Minhas Road, Karachi, on or about 22nd June, 1988, 26th June, 1988 and 19th October, 1988, failed to produce the required statements and documents in relation to the business carried out by the said company for the purpose of determining whether they were doing any banking business in contravention of section 27(1) of the Banking Companies Ordinance, 1962, and thereby committed and offence punishable under section 43 A, read with section 83(1 C) of the Banking Companies, Ordinance 1962. 2. Messrs SACO International (Pvt.) Ltd., having its office at C/9 A, Saghir Centre, Rashid Minhas Road, Karachi, is a Private Ltd. Company, with absconding accused Syed Akbar Hussain Rizvi, present accused Syed Anjum Iqbal and Amir Abbas as its Directors. As it appeared to State Bank of Pakistan that the accused were carrying on business of Banking in contravention of the provisions of Banking Companies Ordinance, 1962, the State Bank of Pakistan, in exercise of its powers under section 43 A of the Ordinance, issued directives dated the 22nd June, 1988 and the 26th June, 1988, calling upon them to produce their books and records and to furnish the information mentioned in the said directives but they failed to comply with the same. The accused replied to the said directives but the same was not found satisfactory. In order to give one more chance a directive dated 19th October, 1988, was published in Daily Dawn' Karachi, calling…

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