STATE BANK OF PAKISTAN vs EMMANUEL TOBY EBIEMBER AND Another — 1971 PCRLJ 749

Citation: 1971 PCRLJ 749

Court: Sindh High Court

Year: 1970

Decision Date: 1970-11-03

Parties: STATE BANK OF PAKISTAN vs EMMANUEL TOBY EBIEMBER AND Another

Headnotes

Case cited as 1971 PCRLJ 749

Judgment Text

Court Name: Sindh High Court Judge(s): Muhammad Haleem, Ghulam Rasool K. Shaikh Title: STATE BANK OF PAKISTAN vs EMMANUEL TOBY EBIEMBER AND Another Case No.: Appeal No. 224 of 1969 Date of Judgment:1970-11-03 Reported As: 1971 P Cr. L J 749 Result: Appeal allowed JUDGMENT JUDGMENT GHULAM RASUL K. SHAIKH, J.-This is an acquittal appeal filed by the State Bank of Pakistan against the judgment of Foreign Exchange Tribunal (Sessions Judge, Karachi) acquitting Emmanuel Toby Ebiember (respondent No. 1) who was tried for the con--travention of section 8(1) of the Foreign Exchange Regulation Act, 1947. Investigation was resumed after seeking permission from the Foreign Exchange Tribunal (Sessions Judge, Karachi). The respondent is a foreign national and came to Pakistan from Nigeria on 9-1-68. He possessed foreign currency which he did not declare before the custom authorities at the airport. On 6-5-68 Mr. Kabiruddin Shaikh S. H. O. Malir during the investigation of crime No. 199 of 1968 under West Pakistan Suppression of Prostitution Ordinance raided the club run by the respondent and he was found in possession of U. S. $ 5006 and 5 Kenya shillings apart from travellers cheques of $260. These were secured under section 550, Cr. P. C. And mashirnama was prepared: The S. H. O. Then made a report to the State Bank and con--sequently investigation was resumed by the authorities of the State Bank. During the investigation the respondent surrendered U. S. $1,314.00 as well as F. M.…

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