ISMAIL vs THE STATE AND ANOTHERs — 1971 PCRLJ 1042

Citation: 1971 PCRLJ 1042

Court: Sindh High Court

Year: 1971

Decision Date: 1971-02-22

Parties: ISMAIL vs THE STATE AND ANOTHERs

Headnotes

Case cited as 1971 PCRLJ 1042

Judgment Text

Court Name: Sindh High Court Judge(s): Muhammad Haleem Title: ISMAIL vs THE STATE AND ANOTHERs Case No.: Appeal No. 130 of 1967 Date of Judgment:1971-02-22 Reported As: 1971 P Cr. L J 1042 Result: Appeal dismissed JUDGMENT JUDGMENT Appellant Ismail son of Ibrahim was convicted along with Ismail Abdul Latif, Majid Yasin and Abdul Hamid under sec--tion 12(1) read with section 23 of the Foreign Exchange Regulation Act and each of them was sentenced to pay a fine of Rs. 2,000 or in default to undergo rigorous imprisonment for 6 months. Apart from the appellant the three convicted accused have not preferred any appeal. 2. In short the prosecution case is that the appellant and the other three accused were partners in a firm which had exported sweets in three consignments to Dubai of the value of Rs. 5,000 in March and April 1964. In accordance "with the' declaration signed by the appellant on behalf of the firm the proceeds of these consignments had to be repatriated to Pakistan within 4 months from the date of export. Since the appellant and the others failed to repatriate the proceeds notices were sent to them to show cause why the sale proceeds had not been repatriated. In reply to this notice, the appellant stated that Ismail Abdul Latif, the convicted co-accused had sold the above consignment at a profit but he had turned out to be dishonest and had misappropriated the sale proceeds and it does not, therefore, appear that he would remit the sale proceeds. In his statement…

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