2016 PLP 361 (YLR)
AZMAT ULLAH — Petitioner Versus The STATE — Respondent
| Citation | 2016 PLP 361 (YLR) |
| Forum / Court | Peshawar |
| Bench Members | Musarrat Hilali, J |
| Parties | AZMAT ULLAH — Petitioner Versus The STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2016 PLP 361 (YLR)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2016 PLP 361 (YLR)?
The case was heard and decided by the Peshawar bench comprising: Musarrat Hilali, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2016 PLP 361 (YLR) (AZMAT ULLAH — Petitioner Versus The STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Arshad Hussain Yousafzai for Petitioner.
- Date of hearing: 7th September, 2015.
Headnotes / Summary
S.497(2)
Foreign Exchange Regulation Act (VII of 1947), Ss.5 & 23
Anti-Money Laundering Act (VII of 2010), Ss.3 & 4
Illegal business of Hundi/Hawala, money laundering
Accused was found in possession of Pakistan Currency and Saudi Riyals
Whether keeping said amount, was a crime; whether amount so recovered was derived from some unlawful means, were questions, which could not be resolved on the basis of material available on record; and same needed further inquiry
Nothing was on record to slightly suggest that accused was exclusive owner of alleged business
Offence for which accused was charged, did not fall within the prohibitory clause of S.497, Cr.P.C.
Case of accused being arguable for the purpose of bail, accused was admitted to bail, in circumstances. Farhad Khan for the State.
Judgment & Decree
MUSARRAT HILALI, J.
Petitioner, through present petition, seeks bail in case FIR No.60/2010 dated 17.8.2015 registered for offence under sections 5/23 FER Act, 1947 read with 3/4 AML Act, 2010 Police Station FIA/CBC, Peshawar.
2. There was information to the FIA regarding hundi/hawala business by certain people at shop No.4 Al-Karim Sethi Market Chowk Yadgar, Peshawar. Believing the same to be true, the complainant along with other FIA officials raided the shop and found the petitioner dealing with the said business, who was asked about the license but he failed to produce the same. Search of the shop led to the recovery of relevant documents pertaining to hundi/hawala business, Pakistani currency amounting to Rs.6,43,100/- and Saudi Riyal 3500 etc were taken into custody, fully described in the recovery memo, hence the case was registered.
3. Heard. The court to which application for grant of bail is made, acts upon the material made available before it. In this case, the petitioner was found in possession of Pakistani currency, Saudi Riyal (as mentioned above). Whether keeping the said amount is a crime under the Act and whether the amount so recovered was derived from some unlawful means is a question, which cannot be resolved on the basis of material available on record and needs further inquiry. Further, there is nothing on record to slightly suggest that the petitioner was exclusive owner/director of the alleged business. Moreover, the offence for which the petitioner is charged does not fall within the prohibitory limb of section 497, Cr.P.C. Thus, keeping in view the above facts and circumstances, case of the petitioner is arguable for the purpose of bail. This petition was allowed vide short of even date and above are reasons for the same. HBT/394/P Bail granted.