MUHAMMAD AMINPARACHA vs Thb STATE BANK. OF PAKISTAN — 1972 PCRLJ 397

Citation: 1972 PCRLJ 397

Court: Sindh High Court

Year: 1971

Decision Date: 1971-08-25

Parties: MUHAMMAD AMINPARACHA vs Thb STATE BANK. OF PAKISTAN

Headnotes

Case cited as 1972 PCRLJ 397

Judgment Text

Court Name: Sindh High Court Judge(s): Muhammad Haleem Title: MUHAMMAD AMINPARACHA vs Thb STATE BANK. OF PAKISTAN Case No.: Criminal Appeal No. 280 of 1967 Date of Judgment:1971-08-25 Reported As: 1972 P Cr. L J 397 Result: Appeal dismissed JUDGMENT JUDGMENT This appeal has been filed under section 23-A (6) of the Foreign Exchange Regulation Act, 1947 (hereinafter referred to as the Act) to impugn the conviction under section 5(1) (c) read with section 23 of the Act. 2. The appellant was tried by the F. E. R. Tribunal and sentenced to pay fine of Rs. 3,000 or in default to suffer rigorous imprisonment for 9 months vide judgment dated 26th August 1967. Habibullah, another accused in the same case, was however acquitted. 3. The allegation against the appellant was that he had paid Rs. 1,000 to Wahiduddin on behalf of "Ghufran Usmani of Iran" and Rs. 5,434.72 to "Shaikh Hidayatullah of Faiz & Sons of Dera Ismail Khan" on behalf of "Ali Itiminan of Zahidan, Iran", and accordingly had contravened section 5 (l)(c) punishable under section 23 of the Act. Upon detection of these payments show-cause notice was issued to the appellant on 18th October 1965 by the State Bank of Pakistan and in his reply dated 20th August 1966 he denied the first payment and with regard to the second, he stated that it was paid against goods imported from Iran. A complaint was accordingly hied on 9th November 1965 before the F. E. R. Tribunal against the appellant and his son Habibullah. The Tribunal…

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