1. ' NADEEM AZHAR SIDDIQI, J.--- By this Cr. Misc. Application the applicant has challenged the order dated 31-10-2008 passed by the learned Special Judge (Customs & Taxation) Karachi in Case No,60 of 1992 by which the application under section 265-K, Cr.P.C. Moved on behalf of the applicant was dismissed.
2. ' Learned counsel for the applicant submits that in the F.I.R. And in the interim challan there is no allegation against the present applicant. He further submits that in the final challan allegation against the applicant is that cartons stuffed were stored at the premises of Messrs. Rehman Flour Mills Faisalabad owned by. The applicant and that the applicant has arranged stay for the other co-accused in the Room No,102 of Hotel Rex under the fictitious name of R-K-Kamran. He then submits that accused persons against whom specific allegations are they have been acquitted by this Court in Criminal Mmiscellaneous Application and proceedings were quashed. He then submits that the case is pending since last 16 years, but no material witness has been examined to connect the said applicant with the alleged offence and there is no likelihood of early disposal of the case and keeping the case pending is amounted to abuse of process of Court.
3. ' Learned standing counsel has vehemently opposed the application and submits that specific allegation facilitating the smuggling of 9800 kg Charas has been levelled against the applicant and one witness Tauqir Ahmed in his statement under section 161, Cr.P.C. Has fully implicated the applicant. He then submits that unless the witness Tauqir Ahmed and Investigating Officer are examined at this premature stage, the proceedings cannot be quashed.
4. ' I have heard the learned counsel for the parties and perused the record made available before me.
5. 'The learned trial Court has dismissed the application filed by the applicant on the ground that P.W.
6. Tauqir Ahmed in his 161, Cr.P.C. Statement has fully implicated the applicant by giving his specific role that alleged gloves cartons belong to accused Rasool Khan were stored/stuffed in the factory, namely, Messrs. Rehman Flour Mills, belong to the applicant, on his direction.
7. ' Learned counsel for the applicant submits that there is no allegation in the final challan that charas was stuffed in the factory and only allegation was that carons were stored in his factory.
8. Be that as it may, since there are allegations against the applicant that cartons containing charas were stored at his premises unless witness Tauqir and Investigating Officer is examined it cannot be said that the applicant is not involved in the matter and there is no probability of his conviction.
9. Mere pendency of the case for longtime cannot be a sole ground for quashing the proceedings unless it is shown that there is no probability of conviction.
10. The powers under section 265-K, Cr.P.C. Can be exercised at any stage provided that the Court on hearing of the parties has come to the conclusion that there is no probability of the accused being convicted. For exercising the power, the accused has to show that even if, the material/evidence available on record is taken to be true he cannot be convicted.
11. ' As far as the quashment of the proceedings against the other accused, namely, Talah Ahmed, Aziz Ahmed and Mukhtar Ahmed, the learned Single Bench of this Court has observed that out of fourteen witnesses the prosecution examined five witnesses, who have not implicated the accused person in the commission of crime. In this case at least one witness Tauqir in his 161, Cr.P.C.
12. Statement has implicated the applicant.
13. ' Since the proceedings are pending since 1992 learned trial Court is directed to submit its report with regard to the longtime pendency of the case. Learned trial Court is also directed to expeditiously proceed with the matter and to conclude the trial within a period of three months and for every adjournment will submit its report to this Court. In any case, whether the case is concluded within the above stipulated period or not the applicant after the examination of Tauqir Ahmed is at liberty to move afresh application under section 265-K, Cr.P.C. Before the trial Court, which will be decided expeditiously.
14. ' With the above observation this Criminal Miscellaneous Application is disposed of.