1. 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 versus Ismail, son of Usman
(2) PSLA No. K-35 of 1966.The State Bank of Pakistan versus Mustafa Karim and another
(3) PSLA No. K 36 of 1966.The State Bank of Pakistan versus R. B. Birdie, son of Bahram Mr. Muhammad Hayat Junejo has instructions from the State Bank to withdraw the first-mentioned petition. 'This action is apt to create an unfavourable impression, for the alleged offences are substantially the same, and in the absence of the only valid reason being put forward, viz. That the respondents in the first case has made good the amount of foreign exchange he had contracted to repatriate, there would appear to be unequal treatment under law, which is contrary to the requirement of Article 2 read with the Sixth Fundamental Right.
2. Mr. Muhammad Hayat Junejo seeks to argue that the liability to repatriate was one of absolute obligation. We are unable to accept this view. The law never requires achievement of the