MUHAMMAD ANWAARUL HAQ, J.---This petition has been filed for quashing of FIR No, 273/2016, dated 17.3.2016 under section 23(1). of the Foreign Exchange Regulation Act, 1947 registered at Police Station FIA, Gujranwala.
2. Brief facts giving rise to this petition are that Khizar Hayat Mirza, Sub-Inspector/FIA, Gujranwala received a spy information that some people are doing business of foreign exchange without having license issued by the State Bank of Pakistan. After receiving this information, under the orders of Deputy Director, FIA, Khizar Hayat, S.I. along with Khalid Majeed, Head Constable raided the shop of Ijaz Jewelers and took into possession 2600 Australian dollars, 418 American dollars, 500 U.A.E. Dirham, 20 Kuwaiti Dinar, 5500 Saudi Rayal and Rs,500,000/- from the lockers and registered the afore-referred case FIR against Sajjad Ahmad accused/ petitioner.
3. Learned counsel for the petitioner contends that version narrated in the impugned FIR, mentioned above, is false, fabricated and concocted one as the petitioner has been implicated in the same with mala fide intention; that the raid conducted by the complainant at the shop of the petitioner without obtaining warrant under section 19(3) of the Foreign Exchange Regulation Act, 1947 is illegal; that foreign currency allegedly recovered from the shop of the petitioner is neither prohibited nor any restricted item, therefore, the provisions of section 23(1) of the Foreign Exchange Regulation Act, 1947 are not attracted . in this case and continuation of proceedings against the petitioner is an abuse of process of law.
4. Learned Law Officer frankly concedes that proceedings conducted by the complainant/respondent No, 3 are in violation of Section 19(3) of the Foreign Exchange Regulation Act, 1947.
5. Heard. Record perused.
6. Section 19(3) of the Foreign Exchange Regulation Act, 1947 reads as under:- "On a representation in writing made by a person authorized in this behalf by the Federal Government or the State Bank and supported by statement on oath of such person that he has reason to believe that a contravention of any of the provisions of this Act has been or is being or is about to be committed in any place or that evidence of the contravention is to be found in such place, a District Magistrate, Sub-Divisional Magistrate or a Magistrate of the First class, may by warrant, authorize any police officer not below the rank of Sub-Inspector--
(a) To enter and search any place in the manner specified in the warrant; and
(b) Seize any books or other documents found in or on such place."
When confronted learned Law Officer on instructions imparted to him by Munawar Iqbal Ranjha, Assistant Director, FIA states that no warrant provided under section 19(3) of the Foreign Exchange Regulation Act, 1947 has been obtained by the complainant/respondent No,3 to enter and search the petitioner's shop.
7. After hearing the parties and going through Section 19(3) of the Foreign Exchange Regulation Act, 1947, I have noticed that FIA authorities have conducted raid at the shop of the petitioner in violation of Section 19(3), ibid, according to that before carrying out any such proceedings, a complaint in writing by a person authorized in this behalf by the Federal Government or by the State Bank of Pakistan supported by statement of that person on oath is a mandatory requirement of law before issuance of a warrant by the court of competent jurisdiction. It is settled provision that when law requires a thing to be done in a particular manner it must be done in the manner provided under the law. I respectfully refer the case of Alam Jan v. FIA Police Station, Gilgit and another 2017 PCr.LJ 69) wherein a Division Bench of Gilgit-Baltistan Chief Court has held as under:-- "6. After hearing the parties and going through the mandatory provisions of Section-19, it is noted with regret that FIA authorities have transgressed their authority. Section 19(3), clearly depicts that before carrying out any proceeding under the above Act, there must be a complaint in writing made by a person authorized in this behalf by the Central Government or by the State Bank of Pakistan that the contravention is taking place or likely to be taken place in the complaint should also be supported by a statement of that person on Oath and only after fulfillment of the above criteria any proceedings could be initiated against the delinquent.
7. The FIA authorities raided the shop of the petitioner along with the heavy contingent of paramilitary forces, arrested him and booked him in the above offence against the mandate of law, which cannot be protected by this Court on any pretext. When law requires a thing to be done in a particular manner, then it must have been done in the prescribed manner and not otherwise.
Laws are always made for men and men are not made for law. Where the basic spirit of law is violated and the fundamental rights of a citizen are infringed, it is legal and mural duty of the Court to come for rescue of victims of high-handedness. The mandatory requirements of law, which are pre-requisites if not fulfilled then the entire proceedings, which followed would be nullity in the eyes of law.
8. In view of the above illegalities committed by the State functionaries, the proceeding pending in the Court of Special Judge Anti-Corruption Gilgit against the petitioner on the basis of FIR 02/2012 of FIA Police Station No,14 Gilgit are quashed."
In view of all above, this petition is allowed and the FIR No,273/2016, dated 17.3.2016 under section 23(1) of the Foreign Exchange Regulation Act, 1947 registered at Police Station FIA, Gujranwala along with subsequent proceedings, if any, before the learned trial Court are quashed.