Law:

Section:

Customs Act, 1969 (IV of 1969)-- ----S. 156(1)(8)--Notification--Removal of foreign currency from Pakistan--Conviction & sentence by Special Judge, Customs, Taxation and Anti--Smuggling--Appeal allowed by High Court setting aside conviction and sentence--Challenge to--It is concluded that in respect of criminal case, falling under any provision of law, prevailing in country, if person claims that he has been authorized to take currency out of Pakistan, he has to adopt proper procedure i.e. through Bank etc. and no one can be allowed to shift currency except to tune of 10,000 US$, as it has been prescribed by State Bank of Pakistan that if it has been purchased from authorized dealer--Prosecution has produced overwhelming incriminating evidence against respondents to establish that they were found smuggling US$ out of country in pursuance of Section 2(5) read with Section 156 (1)(8) of Act, 1969--It may not be out of context to note that though respondents claimed them that they have purchased currency from money changer but during investigation receipt so produced by them was found to be fake--Held: Respondents were not authorized to transfer US$ 10,000/-, if it is proved, subject to condition that same has been purchased from authorized dealer in view of notification of State Bank of Pakistan--Judgment of High Court set aside and conviction passed by Special Judge Customs was restored. [Pp. 39, 41 & 42] A, B & C 2000 SCMR 814, PLD 2003 SC 250, PLD 1976 SC 452, ref. Judgment Iftikhar Muhammad Chaudhry, CJ.--These appeals by leave of the Court have been filed against the judgment dated 15.10.2003 passed by Lahore High Court, Rawalpindi Bench, Rawalpindi. As common questions of facts and law are involved in all the appeals, therefore, we intend to dispose them of by means of instant common judgment. 2. Precisely stating facts of the case are that in pursuance of a spy information that foreign currency is being smuggled to China (Ormachi) from Islamabad through Flight No XO-772, Customs Authorities' conducted a raid and recovered US$ from the possession of respondents. Details whereof are as under:-- Sr.# Name of respondent Amount 1. Khud-e-Noor s/o…

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