Special Judge Dr Shaban Waheed sentenced Raheel Dhannani to five years and three years in prison on two separate counts for offences under the Customs Act.
According to state prosecutor Naimatullah Soomro, Dhannani, who holds a Canadian passport, was travelling with his family from Karachi to Vancouver via Bangkok on Jan. 24, 2023.
The prosecution said customs officials asked Dhannani whether he was carrying any foreign currency, to which he allegedly replied in the negative.
However, a search of his luggage allegedly uncovered US$111,400 and C$31,425.
The defence argued that no declaration form had been issued to Dhannani, no CCTV footage had been produced, no independent witness had been associated with the search and no written declaration or refusal had been placed on record.
The defence further argued that Dhannani had been intercepted before completing the departure formalities and had not crossed the point beyond which a lawful declaration could no longer be made.
The court rejected the arguments, noting that once Dhannani had entered the international departure process while carrying foreign currency far in excess of the legally permissible limit, without making a lawful declaration despite being specifically questioned by customs officials, the offence had moved beyond mere preparation and entered the realm of an attempt.
“The accused was an experienced international traveller; he possessed complete knowledge of the customs formalities; he was carrying foreign currency vastly exceeding the limit prescribed under the State Bank notification; he denied carrying such currency when questioned by the customs officials; and no satisfactory lawful explanation was offered for attempting to take such a huge amount abroad without complying with the mandatory legal requirements,” the court observed.
It added: “These circumstances, viewed cumulatively rather than in isolation, exclude the possibility of inadvertence or bona fide mistake and unmistakably point towards a conscious and deliberate attempt to export foreign currency in contravention of the Customs Act, 1969.”
The court said the prosecution had proved its case beyond a reasonable doubt.
“The attempted export of foreign currency in violation of the statutory restrictions attracts the definition contained in Section 2(s) of the Customs Act, and the prosecution has successfully proved that the accused knowingly attempted to export smuggled goods contrary to law,” it said.- The Dawn/ANN
