EJAZ NISAR, J.- This is a petition for quash ment of case FIR No.48/93 dated 31.7.1993 under sections 156(1)(8)(9)(70), 157,1,8,139, 16 Customs Act, 1969 read with Section 8 of Foreign Exchange Regulation Act, 1947, registered at P.S. Sarwar Road, Lahore.
2. Briefly stated the facts are that Kh Ayyaz Mehmood was apprehended at Lahore Air Port on 31.7.1993 while leaving for Dubai in a bid to smuggle Pakistani currency amounting to Rs. One crore and fifty lac. During investigation he made a disclosure that the petitioner had suggested to him to start smuggling Pakistani currency to Dubai and that he was also involved in the alleged offence.
3. Consequently the learned Special Judge, Customs issued warrants of arrest against Kh. Lflikhar Ahmad petitioner.
Hence, this petition for quash ment of the case.
4. It is contended that the case against the petitioner is based on false allegations, that his name does not find mention in the FIR and further that except for the disclosure made by Kh. Ayyaz Mehmood co-accused, there is no other material against him. The Learned counsel for the petitioner has relied on; Moula Bakhsh and eight others Vs. The State etc. (1977 SCM R 292), where it was held that disclosure made by the co-accused was inadmissibly in evidence and not by itself sufficient to provide a basis for conviction of the accused. The criminal proceedings against the accused of the cited case were quashed by the Supreme Court of Pakistan.
5. The facts of the present case are similar to the said case. In this case too except for the disclosure made by Kh. Ayyaz Mehmood co-accused who was caught red handed at the Air Port, there is no other material against the petitioner. He is neither named in the F.I.R, nor was any recovery made from him. In these circumstances, there appears to be absolutely no probability of his conviction. Accordingly the application is -allowed and the case against him is quashed.
However, none of the observations made herein would affect the trial of Kh. Ayyaz Mehmood.