1986 P Cr (PLP)

A.A. Muhammad Ally, A.A.‑G. for the State. Date of hearing: 31st March, 1986. This is an application under section 561‑A, Cr.P.C. for quashment of proceedings pending against the applicant under section 6 (1) (a) (c) of the Passport Act, 1974. The brief facts as given in the F.I.R. lodged on 29‑8‑1983, by Inspector F.I.A. Haji Abdul Qadeer Khan are that applicant Muhammad Arshad Shami being a Government servant, an employee of K.E.S.C. fraudulently obtained Passport No. AE. 815526, dated 26‑4‑1976 from Passport Office, Karachi concealing the facts that he is a Government servant. It is also alleged that applicant again got his passport renewed and at the time of renewal he also concealed the facts in the application form. Mr. Shaikh Azizur Rehman appearing for the applicant contended that passport was issued in 1976‑ but this case has been registered after lapse of about 7 years as a result of conspiracy of members of the K.E.S.C. in order to get the applicant removed from service. It is contended that applicant after getting no‑objection certificate from Deputy Chief Administrative Officer, got the passport. The main contention, is that at the time he applied for passport, was working as Chief Public Relations Officer and doing duties of Journalist and he has rightly mentioned his profession in application as Journalist. No one has appeared for the State. In this case during the trial 4 prosecution witnesses has been examined and an application under section 249‑A, Cr.P.C. eras moved which was dismissed by the Magistrate First Class F.I.A., Karachi West, by an order, dated 12‑10‑1985, on the ground that Investigating Officer is yet to be examined who can through light on the question of enmity with accused. It is an admitted fact that applicant applied for passport showing his profession as Journalist. It has also come in the evidence that he was performing his duties as a Journalist through designated as Public Relations Officer. At the time of incident, the K.E.S.C. was private limited body and not Government Organisation. The applicant in the A form did not mention that he is in service. But it is clear that he was not a Government employee. The no objection certificate was issued by Deputy Chief Administrative Officer K.E.S.C. Any person who makes false statement and wilfully conceals the fact which under the circumstances he ought to disclose for the purpose of obtaining passport for himself or any other person is liable for punishment under section 6(1)(a)(c). In the present case applicant concealed the fact that he was working as a Public Relations Officer with K.E.S.C. when he applied for passport he had been doing work as Journalist, in capacity of a Public Relations Officer. In these circumstances I have come to the conclusion that though he concealed the fact of his official position in the K.E.S.C. but he was performing duties of Journalist was and given no‑objection certificate by the Department. He cannot be said to have done it wilfully. Therefore, benefit of doubt can be extended to him. Moreover in F.I.R. nowhere stated that he was working with K.E.S.C. when he applied for the passport. On the contrary F.I.R. shows that he was Government servant. Furthermore, the passport was obtained in 1976 and case Ws registered in 1983 after lapse of 7 years. The delay is also fatal to the prosecution. It is also pointed out that due to this applicant has also lost the job. Looking to the circumstances of the case, the proceedings are quashed. M.Y.H. Proceedings quashed.