State through Additional Attorney General vs Nasir Khan
Balochistan High Court · 2025 · Before Hon'ble Justice Sardar Ahmed Haleemi
The instant Criminal Acquittal Appeal is directed against the order dated 7th May, 2025 (hereinafter the "impugned order") passed by learned Special Tribunal/Additional Sessions Judge-III, Quetta (hereinafter the "Tribunal"), whereby allowed the respondent’s application under section 265-K Cr.P .Cand acquitted of the charge.
2. As per contents of the crime report No.26/2024, the complaint IP Abid Ali Jutt of FIA CBC, Quetta lodged the FIR under section 4(i) 5 & 23 of Foreign Exchange Regulation Act, 1947 (FERA, 1947) at Police Station FIA (CBC), Quetta to the effect that consequent upon inquiry No.120 of 2024 with regard to information received about a person namely Nasir Khan (respondent), who was involved in illegal and unauthorized business of sale/purchase of foreign currencies at an unnamed shop (previously named Karawan Exchange) near Habib Bank Limited at Shara-e-Iqbal, Qandhari Bazar, Quetta, a Criminal Acquittal Appeal No. 190 of 2025 2 Only for viewing purpose. Contact office for certified copy. raid headed by IP/SHO Abdil Ali Jutt alongwith other police officials was conducted at the pointed place, where respondent found, as such, after conducting search, recovery of incriminating articles mentioned in Para No.2 of the impugned order was effected. The accused/respondent failed to produce any legal authority/licence of said illegal business, hence the FIR.
3. After completion of the charge, the challan was submitted before the Tribunal and the trial commenced. The charge was framed against the accused/acquitted respondent, to which, he pleaded not guilty and claimed trial.
4. When the prosecution was directed to lead its evidence, in the meanwhile, the accused/acquitted respondent through counsel moved an application under section 265-K, Cr.P .C.
5. The Tribunal heard the arguments of learned counsel for the parties on the application and vide impugned order dated 7th May, 2025 acquitted respondent of the charge, hence this Criminal Acquittal Appeal.
6. The learned Additional Attorney General and Assistant Attorney General assisted by the Assistant Director (Legal), FIA, inter alia contended that the impugned order is contrary to the dictum laid down by the Hon’ble Supreme Court of Pakistan in 2022 SCMR 1861, as it was passed without recording any prosecution evidence; that the learned Tribunal, while allowing the application under Section 265-K, Cr.P .C.,misinterpreted the provisions of Section 19(3) of the Foreign Exchange Regulation Act, 1947 (FERA), which, according to the learned counsel, does not require a search warrant in cases of raids Criminal Acquittal Appeal No. 190 of 2025 3 Only for viewing purpose. Contact office for certified copy. conducted on hawaladars; that the Tribunal failed to correctly interpret Section 23(3) of FERA, 1947, which clearly ousts the requirement of a complaint in respect of persons found involved in illegal foreign exchange business; that a complaint under the Act is only mandatory in cases involving persons registered with the State Bank of Pakistan under Sections 3, 3A, and 3AA of FERA, therefore, the burden of proof lay upon the accused/acquitted respondent, which he failed to discharge.
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