Decided on November 23,2009

STATE Appellant
Mirza Abbas Respondents


MD.JOYNUL ABEDIN,J. - (1.) This petition for leave to appeal is directed against the Judgment and Order dated 22.07.2009 passed by a Division Bench of the High Court Division in Criminal Miscellaneous Case No.1930 of 2008 making the Rule absolute and thereby quashing the proceedings in Foreign Exchange Control Tribunal Case No.12 of 2007.
(2.) The prosecution case, in behalf, in behalf, is that S. I. Md. Rafiqul Islam lodged Motijheel P.S. Case No. 70(2)07 on 24.2.2007 alleging, inter alia, that he while on patrol duty along with his two constables raided the house of the accused Mirza Abbas at 2.15 a.m. in the night on 4.2.2007 under the leadership of Major Khijir Khan, the leader of the joint forces, seized amongst others, the following currencies. U.S. Dollar: 4600 Thailand Bath: 17000 equivalent to US$ 1051 @ 30.33 per Dollar. Singapore Dollar: 418 equivalent to 285.13 US$ 1.466 per Dollar. Malaysian Ringit: 432 equivalent to 130.12US$ 3.32 per Dollar.
(3.) They also seized from the house 5(five) international passports belonging to other family members of the accused on the allegations that the accused brought those foreign currencies into Bangladesh and kept them in his custody by evading custom duties and thus committed the offence under section 25 (B) (1) (a) and (b) of the Special Powers Act, 1974, section 23 of the Foreign Exchange Regulation Act, 1947 and column 8 section 156 (1) of the Customs Act, 1969.;

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