State vs MUHAMMAD JUMA Ss — 2023 PCrLJ 1388 QUETTA-HIGH-COURT-BALOCHISTAN

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State VS MUHAMMAD JUMA Ss. 5, 19(3) & 23---anti-Money Laundering act (VII of 2010), S. 8(1)---Smuggling of foreign currency---appreciation of evidence---appeal against acquittal---Raid conducted without search warrant---Effect---accused was found in possession of foreign currency---Recovery witness testified before the court, reiterating what complainant had incorporated in his report on the basis whereof FIR was registered---Said witness produced seizure memo of the currency notes as well as other documents recovered from the shop of the acquitted respondent, which were secured through recovery memo---During cross-examination, regarding obtaining of the search warrant the recovery witness showed ignorance---Even otherwise, neither the complainant nor any other witness claimed to have had obtained any search warrants prior to the raid at the shop of the acquitted respondent, which was utter violation of S. 19(3) of the Foreign Exchange Regulation act, 1947---Said provisions clearly manifested that before making entry into the place, search warrant at least from a Magistrate of first class was necessary, which had not been adhered to by the raiding party of Federal Investigation agency (FIa), which made the entire proceedings of seizure illegal---Federal Investigation agency had failed to assign a single reason, which compelled them to conduct raid in the shop of the acquitted respondent without obtaining search and arrest warrants, which had nullified the entire seizure of the currency notes as it had travelled beyond its mandate and authority---Circumstances established that the impugned order of acquittal of the respondent was based upon proper appreciation and application of law, suffering from no infirmity and perversity---appeal against acquittal was dismissed, in circumstances.

State vs MUHAMMAD JUMA Ss — 2023 PCrLJ 1388 QUETTA-HIGH-COURT-BALOCHISTAN

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