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Criminal Appeal No.75 of 1982, decided on 21st May, 1986.

‑‑‑S.9‑‑Case set up in first information report that accused was found in possession of foreign currency but Investigating Officer in his evidence trying to improve case by stating that he found accused dealing in foreign currency‑‑Prosecution not proving that accused found in possession of foreign currency did not offer same for sale to authorise dealer within prescribed time‑‑Conviction set aside.

1978 P Cr. L J 155 ref.

1984 P Cr. L J 2083 rel.

Shahadat Awan Sheikh for Appellant.

Imran Bux Shaikh for the State.

Date of hearing: 21st May, 1986.

This appeal is directed against the judgment, dated 14‑3‑1982 of F.E. R. /Tribunal, Karachi whereby appellant has been convicted under section 9 of Foreign Exchange Regulation 1947. He has been sentenced to suffer R.I. for one month and pay fine of Rs.1,500 or in default to suffer R.I. for one month more.

Brief facts of the prosecution case are that on 15‑12‑1980 complainant Habib Ali was posted Inspector F.I.A. Police in State Bank Circle, Karachi. He received spy information that illegal business in foreign currency was being done by certain people on the Footpath near Boulton Market. He proceeded there and apprehended appellant and on his search recovered 129 Canadian Dollars Notes and such memo was prepared. The case under section 9/23 F.E.R. 1947 was registered against appellant. On 8‑6‑1981 charge was framed to which applicant pleaded not guilty. Prosecution examined mashir Akbar Ali Exh.2, Mian Habib Ahmed Exh.4 and Syed Habib Ali Exh.6. Appellant in his statement under section 342, Cr.P.C. denied the allegation and stated that currency has been foisted on him. He examined one Zahid Hussain in his defence.

I have heard Mr. Shahadat Awan for the appellant and Mr. Imam Bux Shaikh for the State.

Akbar Ali Exh.2 has stated that when he was called the appellant was in custody of police and on search 129 Dollars were recovered. He has produced mashirnama Exh.3 P. W. Syed Habib Ali corroborated the contents 4f F.I.R. and further stated that he noticed that appellant was dealing in foreign currency and on search 129 Canadian Dollars were recovered. The case set up in F.I.R. is that appellant was found in possession of f9reign currency but Inspector in his evidence has tried to improve the case by stating that he found appellant dealing in foreign currency. Any person in view of Notification as discussed in case reported in 1978 P.Cr.L.J. 155 can keep foreign currency for month or so and if he fails to surrender on expiry of the, time given then only he is liable for punishment. In the present case the prosecution has not proved this point from the evidence. I also refer to a case reported in 1984 P Cr. L J 2083.

I allow the appeal and set aside the conviction. Appellant is on bail. His bail bonds stand cancelled.

M.Y.H. Appeal allowed

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