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STAR AGRO ALLIED MACHINERY INDUSTRIES (PVT.) LTD. THROUGH CHIEF EXECUTIVE versus CHAIRMAN COMMERCIAL COURT, PUNJAB AND N.-W.F.P


Sections 249 of an Imports and Export (Control) Act (XNXIXXX 1950), Sections 5A (7), (8) and 5 (B) of the prosecution of the prosecution by the legality of the prosecution. The verdict of acquittal was illegally retaining export income of US $ 7,783,150, Pakistan's commercial development authority filed a complaint with the respondent before the Commercial Court, against the Import and Export Control Act of 1950. The defendant was acquitted by the Commercial Court under section 249A on infringement. The appeal against CrPC's appellant's breach of appeal was that since it had yet to appoint a prosecutor to stand trial before the Commercial Court, and second, because Section 249A, Cr. No request was filed by the respondent to be. Therefore, the order of eviction cannot be affirmed where the provisions of the Import and Export (Control) Act, section 5A (7) of 1950, and section 249A, CRPC, are relevant. In proceedings before the Commercial Court, unless the prosecutor has a presence / appointment, the case cannot be prosecuted by the Commercial Court, and where it was alleged that the application was not filed under Section 249A, CRPC. , The matter can be resolved only by recording the evidence of the parties and after that, the appellant passed the verdict under section 249A, CRPC, after giving the opportunity of proceeding to the Commercial Court. Without accepting the provisions of Appeal of the law was allowed and the case was remanded in commercial court so that after recording the evidence, the decision regarding its merits

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