AMIN-UD-DIN KHAN, J.- for the reasons to be recorded later this jail petition is converted into appeal and allowed in the following terms:-
1. The application (Cr .M.A.1277 of 2018) for condonation is allowed.
2. We maintain the judgment of the learned High Court to the extent of conviction and sentence awarded to Muhammad Iqbal under Section 5(1) of Import and Export (Control) Act, 1950 (Act No. XXXIX of 1950 in Complaint Case No. 01/2012. However, we set aside the condition of payment/refund of compensation amount for his release.
Convict Muhammad Iqbal has already served his sentence, therefore, he be released forthwith if not required in any other case.
3. The Federal Government, under section 5-B (5) of Import and Export (Control) Act, 1950 is directed to pay Mrs. Lina Bomba of JEAD Textile Limited, Sydney, Australia (buyer) compensation/refund an amount of US Dollar $ 87671.21 along with interest at the prevailing bank rate from the date of judgement of trial court i.e. 25.06.2014 till the date of payment from the Revolving Fund established under Section 8 of Import and Export (Control) Act, 1950 or, from the Federal Consolidated Fund, if the former has not been established yet. Secretary to the Ministry of Finance, Government of Pakistan, is directed to submit compliance report to the Additional Registrar (Judicial) of this Court within a fortnight.
4. The Federal Government may recover the amount of compensation from convict Muhammad Iqbal in terms of Section 5-B (6) and (7) of Import and Export (Control) Act, 1950 as arrears of land revenue, in separate proceedings as per law .