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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); Foreign Exchange Regulation Act

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 challenged 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 did not establish that bank transactions of Pakistani currency created any link between accused persons and illegal foreign exchange business---Mere huge transactions in bank accounts were not sufficient to constitute cognizable offence under Foreign Exchange Regulation Act, 1947---Initial burden always remained upon prosecution to prove its case through tangible evidence---In absence of reliable evidence, prosecution story became doubtful---High Court declined to interfere with findings of Trial Court as acquittal order was legally sound and free from perversity or legal error---Once accused was acquitted after due application of mind, presumption of double innocence attached to him unless acquittal was shown to be perverse---Appeal was dismissed, in circumstances.

Other judgments reported in 2026 MLD

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