Case Details

Citation(s)
1972 SLD 3048 = 1972 SCMR 136
Supreme Court of Pakistan
Petitions for Special Leave to Appeal Nos. K-34 to K-36 of 1966, decided on 8th March 1967.
Presented By: A. R. Cornelius, C. J., S. A. Rahman and Hamoodur Rahman, JJ
Muhammad Hayat Junejo, Advocate Supreme Court (Hyder Ali Pirzada, Advocate Supreme Court with him) instructed by Abdul Hafeez Memon, Attorney for Petitioner. . Nemo for
Respondents.

THE STATE BANK OF PAKISTAN-Petitioner

VERSUS

ISMAIL-Respondent P. S. L. A. No. K-35 of 1966 THE STATE BANK OF PAKISTAN-Petitioner versus MUSTAFA KARIM AND ANOTHER-Respondents P. S. L. A. No. K-36 of 1966 THE STATE BANK OF PAKISTAN-Petitioner versus R. B. BIRDIE-Respondent

Law: Constitution of Pakistan, 1962

Section: 58(3)

Law: Foreign Exchange Regulation Act, 1947

Section: 12(2), 141(2)

(On appeal from the judgment and order of the High Court of West Pakistan, Karachi Bench, Karachi, dated the 3rd May 1966, in Criminal Acquittal Appeals Nos. 194, 195 and 196, of 1963). (a) Constitution of Pakistan (1962), Art. 58(3) read with Foreign Exchange Regulation Act (VII of 1947), S. 12(2)-Number of petitions for Special Leave to Appeal by Supreme Court against acquittal of persons prosecuted for failure to repatriate proceeds under S. 12(2) of Act VII of 1947-State Bank of Pakistan, at time of hearing of petitions, seeking to withdraw one such petition -Supreme Court declined to accede to request holding that such action was apt to create unfavourable impression of unequal treat ment under law, contrary to requirement of Art. 2 read with Fundamental Right No. 6 of Constitution. (b) Foreign Exchange Regulation Act (VII of 1947), S. 141(2)- , Repatriation of proceeds as required under S. 12(2)-Persons selling up factual plea of inability to repatriate any foreign exchange or any more than what was actually repatriated--Plea examined by Foreign Exchange Tribunal as well as by High Court in appeal and accepted-Held, Supreme Court would not be justified, in appeal, to further consider the same evidence. Date of hearing : 8th March 1967. JUDGMENT CORNELIUS, C. J.-This order will dispose of the under men tioned petitions by the State Bank of Pakistan, seeking leave to appeal against the acquittal of the respondents in each case by the Foreign Exchange Tribunal, Karachi, which was upheld by the High Court in appeal. (1) PSLA No. K-34 of 1966.                                      The State Bank of Pakistan…
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