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State vs ZAHID KHAN Ss — 2022 CLD 484 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation
2022 CLD 484 QUETTA-HIGH-COURT-BALOCHISTAN
Court
Balochistan High Court
Year
2022
Reporter
CLD
Parties
State vs ZAHID KHAN Ss
Subject matter
Criminal
Provisions referred to
S. 417---; Criminal Procedure Code (V of 1898)

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

State VS ZAHID KHAN Ss. 4(1), 5, 23 & 23-a(6)---Criminal Procedure Code (V of 1898), S. 417---appeal against acquittal---Foreign currency, recovery of---Requisite authorization, absence of---Effect---accused persons were acquitted by Trial Court as there was no requisite authorization by Federal Government or State Bank of Pakistan to register FIR in question---Validity---Where law had provided a specific procedure or mechanism intended to be undertaken against a person by any forum either judicial, quasi-judicial or executive, if such action was patently illegal or against mandate of law on the subject, specially the express provisions and implied spirit of statute, which if allowed to stay intact, would tantamount to/and would cause serious breach of legal rights of a citizen, High Court under its Constitutional jurisdiction could come for his rescue---Complainant made departure from mandatory provision of Foreign Exchange Regulations act, 1947, and had committed a serious illegality, which if allowed to stay would amount to serious breach of legal fundamental right of citizen guaranteed by the Constitution---Federal Investigation agency did not act in the manner prescribed by law, therefore, maxim "justice should prevail no matter if the heaven falls" had come to play---High Court declined to interfere in acquittal of accused persons recorded by Trial Court---appeal was dismissed in circumstances.

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