Citation Name: 2023 YLR 1761 PESHAWAR-HIGH-COURTBookmark this Case GOHAR ALI vs State Ss — 2023 YLR 1761 PESHAWAR-HIGH-COURT

Case information

Citation: 2023 YLR 1761 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2023
Reporter: YLR
Parties: Citation Name: 2023 YLR 1761 PESHAWAR-HIGH-COURTBookmark this Case GOHAR ALI vs State Ss
Subject matter: Criminal
Provisions referred to: S. 516-; S. 3-; 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

Citation Name: 2023 YLR 1761 PESHAWAR-HIGH-COURTBookmark this Case GOHAR ALI VS State Ss. 4, 3-a & 23---anti-Money Laundering act (VII of 2010), Ss. 3 & 4---Criminal Procedure Code (V of 1898), S. 516-a---Restrictions on dealing in foreign exchange---authorized money changers in foreign currency---Money laundering--- Return of confiscated currency---Scope---Petitioner assailed the dismissal of his application for return of confiscated foreign currency---Sufficient material was available on record to show that the foreign currency was recovered from the motorcar occupied by two accused, who had given affidavit that the foreign currency was given to them for exchange---No permission or authorization of State Bank was available with the petitioner---This being the situation, the two conditions of last possessor and bona fide ownership of the petitioner were not forthcoming, and therefore the impugned order was neither found to be illegal nor perverse, hence the impugned order was maintained---Revision petition was dismissed, in circumstances. Citation Name: 2023 YLR 1761 PESHAWAR-HIGH-COURTBookmark this Case GOHAR ALI VS State S. 3-a---Constitution of Pakistan, art. 18---Freedom of trade, business or profession---authorized money changers in foreign currency---Scope---Every citizen of the country has the right of freedom of trade, business or profession---Such freedom is however subject to the condition that person carrying such profession must have required qualification and the trade/business must be lawful---To conduct a legal business of foreign currency, a person has to seek permission and authorization under S. 3-a of the Foreign Exchange Regulation act, 1947, from the State Bank.

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