THE STATE BANK OF PAKISTAN, DACCA vs Sk. MAHBOOBAR RAHMAN AND — 1971 SCMR 642

Citation: 1971 SCMR 642

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-12-31

Parties: THE STATE BANK OF PAKISTAN, DACCA vs Sk. MAHBOOBAR RAHMAN AND JUDGMENT

Headnotes

Case cited as 1971 SCMR 642

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Abdus Sattar, Alvin R. Cornelius Title:THE STATE BANK OF PAKISTAN, DACCA vs Sk. MAHBOOBAR RAHMAN AND JUDGMENT Reported As: 1971 SCMR 642 Result: Appeal dismissed Judgment JUDGMENT CONNELIUS, C. J.---Special leave was gives to the State Bank of Pakistan to appeal against the judgment-of a learned Single Judge of the High Court of East Pakistan acquitting the respon--dent who had been charged with an offence punishable under section 23 of the Foreign Exchange Regulation Act. The case was that the respondent, Mahboobar Rahman had exported hides to India from East Pakistan to the value of about Rs. 25,000 under proper authorisations. He had made a declaration as required by law regarding the repatriation of the foreign exchange proceeds of the export in the following terms :-- "I undertake to deliver to the Bank mentioned below the foreign exchange proceeds resulting from the export of these goods within two months of the date of shipment." The Bank in question was the Habib Bank at Khulna, which has certified to the relevant authority that Mr. Mahboobar Rahman was a bona fide business man who had made arrangements with them "for the realization of the export proceeds of these good". The goods were taken to the border in trucks and there transhipped into bullock-carts. Mahboobar Rahman went with the trucks up to the border. There is naturally no evidence to show what happened to the goods thereafter. The accused himself was not…

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