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KARACHI, Jan 19: A district and sessions court reissued on Monday non-bailable warrants for the arrest of three absconding accused allegedly involved in a money laundering case.
The court directed the Federal Investigation Agency to arrest the accused and produce them in court on Feb 2.
The FIA arrested Mehboob Rehmatullah Moti, director and partner of Al-Sahara Exchange Company, on Dec 17 on charges of illegally sending billion of rupees abroad.
The suspect’s wife, Tahira, his son, Abdul Murjeer Moti, and Khubab, a director of the company, have been shown absconders in the interim charge-sheet submitted on Jan 3 in the court of district and sessions judge (south). On Jan 9, the court had issued non-bailable arrest warrants for the arrest of absconding accused. However, the investigation officer sought more time for their arrest.
According to the prosecution, a case was registered against the suspect after initiating an inquiry on a complaint (108/2008) lodged by the State Bank of Pakistan regarding illegal transfer of money abroad. It said that besides the authorised exchange business, the firm indulged in illegal transfer of billions of rupees abroad with the connivance of different banks, exchange companies, money changers, businessmen and private parties.
A case (83/2008) was registered against the suspect under Sections 5, 8, 22 and 23 of the Foreign Exchange Regulation Act, 1947 read with 7, 8 & 20 of the Prevention of Electronic Crimes Ordinance, 2007 and 409, 420, 467, 471, 477-A/34 of the Pakistan Penal Code at the FIA crime circle branch, Karachi.
Meanwhile, a banking court has directed the jail authorities to the shift the suspect, Mehboob Rehmatullah Moti, to a hospital and to submit compliance report on Feb 2.
The suspect’s counsel, Adnan Memon, filed a plea in court, maintaining that his client was unwell and needed treatment.
Khanani & Kalia case
The same court on Monday adjourned till Jan 22 the hearing of bail applications of three forex dealers, Abdul Munaf Kalia, his brother, Hanif Kalia, and Javed Khanani after the defence completed its arguments.
The public prosecutor will argue on the next date of hearing.
The FIA had arrested the three suspects on charges of illegally transferring billions of dollars abroad. Later, they were remanded in judicial custody.
Suspects’ counsel Farrukh Naseem argued that the prosecution has failed to produce any valid evidence against his clients and the FIA had neither assigned any specific role to them nor particularised the recoveries apparently made from the company’s offices.
He further submitted that the state power was being used against the suspects with mala fide intentions as no documentary evidence was produced in court and, therefore, the benefit of doubt be given to the accused.
The counsel said that though no solid evidence has so far been produced in court but the evidence was needed to be thoroughly examined as the documentary evidence could be tempered in these cases due to advancement in technology.
The suspects’ counsel submitted that according to the Section 22 of the Prevention of Electronic Crimes Ordinance 2007, all the sections of the ordinance were bailable and compoundable.
He said that his clients would not escape after their release on bail and they would face the charges. Citing some rulings of the apex court, he prayed to the court to allow the bail pleas.
On the previous hearing, he had argued that three different offences were shown in the FIR but the interim charge-sheet submitted in all the offences was the same.
He said that the State Bank of Pakistan did not send a specific complaint against Khanani and Kalia money changers and it was a general complaint against some elements who were allegedly involved in the money laundering.
The suspects were booked in a case (76/08) under Sections 5/8, 22/23 of the Foreign Exchange Regulation Act, 1947 read with 7, 8 & 20 of the Prevention of Electronic Crimes Ordinance, 2007 and 420, 467, 471, 477-A of the PPC at the FIA crimes circle.
