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Criminal Appeal No. 151 of 1984, decided on 21st September, 1984.
‑‑Ss. 9 & 23‑‑‑Sentence, reduction in‑‑Accused a first offender, faced trial for eleven months and remained in jail for 3 days‑‑Only eleven hundred Indian rupees secured from accused‑‑Sentence reduced to one already undergone, in circumstances.
Dewan Bashir Ahmad for Appellant.
Ikhlaque Ahmad Siddiqui for the State.
Date of hearing: 17th September, 1986.
The appellant has been convicted by the learned Sessions Judge and F.E.R. Tribunal Karachi under section 23 of the F.E.R. Act read with section 9 of the said Act and sentenced to suffer R.I. for two weeks and fine of Rs.2,000 in default of payment of fine to undergo further R.I. for three months.
2. The facts in brief are that on 18‑1‑1984 Inspector Ajaib Khan of F. I. A. arrested appellant from junction of M.A. Jinnah Road and Nicol Road. He was found in possession of one thousand Indian rupees. The recovery had been effected by Inspector Ajaib Khan in presence of Mashirs Muhammad Arshad and Zakir Hussain. Case under section 4/9/23, Foreign Exchange Regulation Act was registered against the appellant.
Inspector Ajaib Khan deposed that on 18‑1‑1984 he received spy information that sale of foreign currency was going on M.A. Jinnah Road and Nicol Road. He picked up Mashirs Arshad and Zakir. He apprehended the accused and secured one hundred Indian rupees from right hand of the accused and one thousand Indian rupees from the right side trouser pocket. P.W. Muhammad Ashraf supported the Inspector. The appellant has contravened the Notification dated 17‑10‑1979 issued by the Federal Government under section 9 of the Foreign Exchange Regulation Act. According to the said Notification every citizen of Pakistan who may become owner or holder of any foreign exchange shall within three months of his so becoming owner or holder, offer such foreign exchange to an authorised dealer being a person authorised by the State Bank of Pakistan.
The appellant was found in possession of Indian Currency. The trial Court came to the conclusion that there is no legal evidence that the appellant contravened the Notification. He was found guilty for the offence under section 23 of Foreign Exchange Regulation Act read with section 9 of the Act.
3. Learned counsel for the appellant has not assailed the finding of the trial Court as the two witnesses have clearly implicated the appellant and there is no motive for falsely implicating the appellant. Learned counsel has however submitted that the appellant has committed the offence for the first time and a lenient view may be taken. He remained in jail for three days. Keeping in view the fact that only eleven hundred Indian rupees have been secured from the appellant and he has faced the trial for about 11 months, while dismissing the' appeal the sentence is reduced to one already undergone and fine of Rs.1,000 in default to suffer R.I. for one month. With this modification, the appeal stands dismissed. The appeal was disposed of by short order dated 17‑9‑1986 and the above are the reasons for the same.
S. G. D. Order accordingly.
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