2015 P Cr (PLP)
YAQOOB KHAN and another — Petitioners Versus The STATE — Respondent
| Citation | 2015 P Cr (PLP) |
| Forum / Court | Peshawar |
| Bench Members | N/A |
| Parties | YAQOOB KHAN and another — Petitioners Versus The STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2015 P Cr (PLP)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2015 P Cr (PLP)?
The case was heard and decided by the Peshawar bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2015 P Cr (PLP) (YAQOOB KHAN and another — Petitioners Versus The STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Arshad Hussain Yousafzai for Petitioners.
Headnotes / Summary
Ss. 497(2) & 103
Foreign Exchange Regulation Act (VII of 1947), Ss.5 & 23
Anti-Money Laundering Act (VII of 2010), Ss.3 & 4
Passports Act (XX of 1974), S.6
Hundi/Hawala business
Despite prior information, raid was conducted without complying with the mandatory provisions of S.103, Cr.P.C., as no respectables of the locality, were associated to confirm the seizure of the money, documents and registers etc. from accused persons
Money so recovered from accused persons, was Pakistan currency and as to whether the said money belonged to accused persons, or was the amount involved in the business of Hundi/Hawala, was a question, which could only be thrashed out during the course of trial after recording evidence
Case of accused persons, prima facie, was one of further enquiry, entitling them to the concession of bail
Judgment & Decree
QAISER RASHID KHAN, J.
Petitioners, seek bail in case FIR No.36 dated 10-6-2015 under sections 5/23 Foreign Exchange Regulation Act, 1947, 3/4 Anti-Money Laundering Act, 2010 and section 6 of the Passport Act, 1974, Police Station FIA/CBC, Peshawar after having been refused the said relief by the learned court below.
2. Allegations against the accused-petitioners are that they were found dealing in the illegal business of Hundi/Hawala at Shop No. A-5 1st Floor, City Centre, Naz Cinema Road Peshawar City whereby Pakistani currency of Rs.12923000 along with certain documents, registers, cheque books and deposit slips etc, were recovered from them on 10-6-2015, hence the FIR ibid. Arguments heard and record perused.
3. As per the FIR, it was on prior information that Hundi/Hawala business was being carried out at Shop No. A-5 Naz Cinema Road Peshawar when a raid was conducted by the FIR raiding party and the accused- petitioners were found in the shop along with the Pakistani currency and the documents etc. as mentioned above. Despite prior information the raid was conducted without complying with the mandatory provisions of section. 103, Cr.P.C. as no respectables of the locality were associated to confirm the seizure of the money, documents and registers etc. from the accused-petitioners. Moreover, the amount so recovered from the accused-petitioners is Pakistani currency and as to whether the said money belongs to the accused- petitioners or is indeed the amount involved in the business of Hundi/Hawala is a question which can only be thrashed out during the course of trial after recording evidence. Taking all these factors in juxtaposition, the case of the accused-petitioners is prima facie one of further probe, entitling them to the concession of bail. Accordingly, this bail petition is allowed and the accused-petitioners namely, Yaqoob Khan and Rehman Shah are granted bail provided each of them furnishes bail bonds in the sum of Rs.500000 (five lac) with two sureties, each in the like amount, to the satisfaction of Illaqa/Judicial Magistrate who shall ensure that the sureties are local, reliable and men of means. Before parting with this order, it is directed that any observations recorded in this order, being purely tentative in nature, should in no way prejudice the proceedings before the learned trial Court where the case be decided on its own merits after recording evidence. These are the reasons for my short order of the even date. HBT/312/P Bail granted.