MUSARRAT HILALI, J.--- Petitioner, through present petition, seeks bail in case FIR No.60/2010 dated 17.8.2015 registered for offence under sections 5/23 FER Act, 1947 read with 3/4 AML Act, 2010 Police Station FIAICBC, Peshawar.
2. There was information to the FIA regarding hundi/hawala business by certain people at shop No.4 Al-Karim Sethi Market Chowk Yadgar, Peshawar. Believing the same to be true, the complainant along with other FIA officials raided the shop and found the petitioner dealing with the said business, who was asked about the license but he failed to produce the same. Search of the shop led to the recovery of relevant documents pertaining to hundi/hawala business, Pakistani currency amounting to Rs.6,43,100/- and Saudi Riyal 3500 etc were taken into custody, fully described in the recovery memo, hence the case was registered.
3. Heard. The court to which application for grant of bail is made, acts upon the material made available before it. In this case, the petitioner was found in possession of Pakistani currency, Saudi Riyal (as mentioned above). Whether keeping the said amount is a crime under the Act and whether the amount so recovered was derived f:om some unlawful means is a question, which cannot be resolved on the basis of material available on record and needs further inquiry. Further, there is nothing on record to slightly suggest that the petitioner was exclusive owner/director of the alleged business. Moreover, the offence for which the petitioner is charged does not fall within the prohibitory limb of section 497, Cr.P.C. Thus, keeping in view the above facts and circumstances, case of the petitioner is arguable for the purpose of bail.
This petition was allowed vide short of even date and above are reasons for the same.