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Criminal Procedure Code (V of 1898) S. 561 A read with Customs Act (IV of 1969), S. 156(8) and Foreign Exchange Regulation Act (VII of 1947), S. 23 Application for stay of proceedings in one of two cases High Court ordering prosecution to proceed with only one case at a time and leaving such choice to prosecution No justification found for interference with order of High Court Petition for leave to appeal dismissed. Mohammad Hayat Junejo. Senior Advocate Supreme Court and Noor Ahmad Noori, Advocate on Record for Petitioner. Nemo for the State. Date of hearing: 23rd January, 1980. ORDER MUHAMMAD AFZAL ZULLAH, J. Leave to appeal is sought from an order dated 10th December, 1979, passed by a learned Single Judge of the High Court of Sind, whereby the petitioner's application under section 561 A, Cr. P. C. was disposed of with certain observations and directions. The prosecution case is that the petitioner was found in possession of currency; which in the facts and circumstances constituted offence under the Customs Act as also under the Foreign Exchange Regulation Act. His explanation was that the sweetmeat box containing the currency belonged to one Ghaffar who had entrusted the same to the petitioner for delivering it to his son at Dubai. Two separate challans were submitted against the petitioner; one before a learned Special Judge (Customs and Taxation) for offence under section 156(8) of the Customs Act and the other before a learned Sessions Judge acting as Foreign Exchange Regulation Tribunal, for an offence under section 23 of the Foreign Exchange Regulation Act. Although Abdul Ghaffar was also mentioned as an absconding accused in the F. I. R., it is petitioner's case that no effort has so far been made to arrest and/or to prosecute him. The petitioner felt that unless Abdul Ghaffar is also arrested and prosecuted with him during the same proceedings, his own defence plea noted above would be prejudiced. He accordingly made this grievance through an application under section 561 A, Cr. P. C. filed in the High Court. It is noted in the impugned order that the learned counsel for the petitioner had not "pressed his prayer for quashment of the two cases". He…

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