MODEL CUSTOMS COLLECTORATE, ISLAMABAD vs AAMIR MUMTAZ QURESHI Ss — 2022 PTD 1683 SUPREME-COURT

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MODEL CUSTOMS COLLECTORATE, ISLAMABAD VS AAMIR MUMTAZ QURESHI Ss. 2(s), 8, 70, 156(1) & 157---Foreign Exchange Regulation Act (VII of 1947), S. 8---Criminal Procedure Code (V of 1898), S. 265-K---Smuggling of foreign currency---Acquittal of accused by Trial Court under section 265-K, Cr.P.C.---Legality---Accused was apprehended at the airport and a huge amount of currency, which he was trying to smuggle to a foreign country, was recovered from him---Argument that the accused had filed an application before the State Bank of Pakistan for permission to take away the currency to the foreign country, had no force because mere filing of an application for permission by itself was not sufficient to allow him to smuggle the currency outside the country, until the permission was granted and in the present case admittedly, no permission was ever granted by the State Bank of Pakistan---Plea of accused that he was not aware of the fact that foreign currency amounting to more than US$ 10,000 (US dollars ten thousand) could not be taken away from the country, contradicted his own defence, as on one hand he claimed that he had filed an application for permission to take a huge amount of foreign currency out of the country and on the other hand he was not aware of the fact that he could not take foreign currency beyond a certain limit outside the country---Argument of the accused that he was a Hajj Tour Operator and had not committed any offence of taking away/ smuggling foreign currency from the country, had no force because being a Hajj Tour Operator he had no license to smuggle the foreign currency outside the country---Sufficient material was available on record connecting the accused with the commission of the alleged crime and it was incumbent upon the Trial Court to record the evidence but instead of recording the evidence to prove the guilt or otherwise of the accused, the Trial Court in a slipshod manner, acquitted him under section 265-K Cr.P.C.---If the allegations levelled in the FIR supported by the preliminary evidence were admitted to be true, it could not be said at that stage by the Trial Court that there was no probability of conviction of the accused---In order to ascertain the genuineness of the allegations, the Trial Court ought to have allowed the prosecution to lead evidence---Petition for leave to appeal was converted into an appeal and allowed, orders of the Trial Court and High Court were set aside and the matter was remanded to the Trial Court to record the evidence and decide the case upon the evidence produced before it.

MODEL CUSTOMS COLLECTORATE, ISLAMABAD vs AAMIR MUMTAZ QURESHI Ss — 2022 PTD 1683 SUPREME-COURT

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