2002 PLP 633 (YLR)

Syed Ziauddin Nasir, Standing Counsel for the State. Date of hearing: 12th March, 2002.

1. Granted.

2. The case of prosecution reflected in F. I. R., lodged by S.I. Ch. Muhammad Akhtar, is as under:- "On 27-12-2001 at 7-35 p.m. complainant S.I. Ch. Muhammad Akhtar appeared at Police Station FIA Immigration, Passport Cell, Karachi and lodged F.I.R. that on the eventful day upon receipt of spy information that some Bangladesh nationals are trying to proceed to Dhaka from Karachi Airport on the basis of fake/forged Travel Permits in absence of their passports, he proceeded to Karachi Airport alongwith FIA Staff after getting permission from the Deputy Director, FIA Passport Circle, Karachi. It is further disclosed in the F.I.R. that at the Airport on the pointation of informer one group of Bangladesh nationals was found sitting on. the chairs, some of whom upon inquiry, disclosed that they were waiting for their agent who had to provide them air tickets alongwith other travel documents. Subsequently, three persons reached there and one of them started distributing travel documents alongwith air tickets amongst the members of the said group. The complainant apprehended all the three persons and recovered travel permits alongwith air tickets from one person who introduced himself as Zainul Abedin, an employee of M/s. Moon Travel (Pvt.) Limited, Karachi near Cantt. Station, Karachi. He took overall the documents available with the culprits and prepared seizure memo. in presence of witnesses, whereafter he brought all 14 persons alongwith 10 Travel Permits, one Bangladesh passport and 11 air tickets for the sector of Karachi-Dhaka; issued by M/s Moon Travel (Pvt.) Limited, Karachi, to the FIA Passport Cell, Karachi for further interrogation. On inquiry it was found that Syed Ali Faisal Naqvi and Kamran Ehsan were not involved in sending 11 Bangladeshi nationals on travel permit or in preparation of the said travel permits whereas other agents, namely, (i) Hameed Bengali, (ii) Ehsanuddin, Managing Director of M/s Moon Travel (Pvt.) Limited, Daudpota Road, Karachi, (iii) Hussain Bengali, a shopkeeper in Muslim Colony, Karachi (iv) Mufti Noorul Haque and (v) Munir, an employee of M/s Sunrise Travel near Cantt. Station, Karachi, were involved in sending the Bengali nationals abroad and preparation of Travel Permits/documents. Accordingly, F.I.R., as above, was registered. " I have heard Mr. Raja Mir Muhammad, learned counsel for applicant and Ziauddin Nasir, learned Standing Counsel for the State. Ch. Muhammad Akhter, the complainant and Investigating Officer is also present in Court. On reading out the Mashirnama prepared by him he was unable to state as to whom the fake documents were delivered at the time of occurrence. It is stated that 3 persons out of 10 were given envelopes but there is no specific mention of their names. Learned counsel for the applicant: argued that one of the co-accused has already been granted bail by order dated 7-2-2002 in Criminal Bail No.101 of 2002 and the present applicant, being Pakistani national, is also entitled to concession of bail following; the rule of consistency. He contended that there was no direct evidence of recovery of any forged document from the possession of present applicant, therefore, his case requires further inquiry. He further submitted that the applicant is a Pakistani rational, provisions of section 14(2) of Foreigners Act, 1946 are, therefore, not attracted. In support of his contentions, learned counsel for the applicant relied on (1) 1993 PCr.LJ 500 (Farid Khan v. The State), (2) 1994 PCr.LJ 1689 (Rehan Rashid v. The State) and (3) PLD 1995 SC 34 (Tariq Bashir v. The State). Mr. Syed Ziauddin Nasir, learned Standing Counsel, opposed the grant of bail on the ground that the offence falls within the ambit of section 14 of Foreigners Act and on verification the Consulate has reported that the documents were fake and forged. Assuming that the documents are forged and fake the burden lies on the prosecution to establish involvement of the applicant with commission of forgery. It is also claimed that the applicant is Pakistani national. Besides, there is no direct allegation that the documents were secured from the possession of applicant. The case of applicant, therefore, requires further inquiry. Additionally, on the ground of the rule of consistency also the applicant is entitled to bail. The application for bail is granted. The applicant be released on furnishing one surety in the amount of Rs.1,00,000 and P.R. Bond in the like amount to the satisfaction of the trial Court. H.B.T./M-359/K Bail granted.