1. ' Listed Reference dated 6-1-2007 has been filed by the Presiding Officer, Special Court (Offences in Banks) Sindh at Karachi seeking direction of this Court.
2. It appears that originally the cognizance in F.I.R. No,17 of 2002 was taken by the Special Court (Offences in Banks) Sindh at Karachi and conviction judgment was recorded. It seems that such conviction judgment was set aside by a Division Bench of this Court in Criminal Appeal No,228 of 2006 and C.P. No,D-229 of 2006 vide order, dated 17 August, 2006 and such order was reported in 2006 PCr.LJ 1886. It was inter alia, held that it is the case of Commercial Court that has the jurisdiction in the matter and not the Special Court. It seems that the matters were sent by the Special Court to the Commercial Court for trial. However, the Commercial Court sent back R&Ps of the cases in view of the fact that "the Court being a Commercial Court shall not take cognizance of an offence triable under subsection (1) of section of the Import and Export Control Act, 1950, except upon a complaint in writing made by an officer of the Export Promotion. Bureau under section 5- B(2) of the Import and Export Control Act, 1950. Moreover, the learned Presiding Officer has no power to transfer these cases".
3. ' Let copy of the listed reference be supplied to Mr. S. Tariq Ali learned Standing Counsel. He also requests for time to examine the position and obtain, further instructions in the matter. Let it fixed in due course.