State vs Nasir Khan Ss — 2026 MLD 926 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2026 MLD 926 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2026
Reporter: MLD
Parties: State vs Nasir Khan Ss
Subject matter: Criminal
Provisions referred to: S. 265-K---I; S. 265-K; 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 Nasir Khan Ss. 4 (i), 5 & 23 (3a)---Criminal Procedure Code (V of 1898), S. 265-K---Illegal sale and purchase of foreign exchange---appreciation of evidence---appeal against acquittal---Pre-conditions---Non-recovery of foreign exchange---authorities were aggrieved of acquittal of accused persons by Trial Court under S.265-K, Cr.P.C.---Validity---Prosecution failed to recover any foreign currency from accused persons and it never alleged that bank transaction of Pakistani currency established link of acquitted accused persons in the business of foreign currency---Mere huge transactions of account holders in Pakistani currency in bank accounts were not sufficient to constitute a cognizable offence under Foreign Exchange Regulation act, 1947---Initial burden always lies on the shoulders of prosecution to prove the case and without substantiating the same through tangible evidence, prosecution version becomes doubtful---High Court declined to interfere in the findings rendered by Special Tribunal which were legally correct and there was no infirmity, perversity or legal error in the order of acquittal of accused persons---Once accused was acquitted after full application of mind, even at pre-evidence stage, presumption of double innocence was attached, unless it was shown to be perverse or based on misreading of material---appeal was dismissed in circumstances.

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