Notice issued to the DAG for 16.5.2002,
Returned served (Flag A)
Mr. Ameeruddin Meo, Advocate for the applicant.
Mr. Zia Nasiruddin, D.A.G.
By this application U/S. 561-A Cr.P.C. learned counsel for the applicant has appeared before this Court for quashment of proceedings in a case Crime FIR No. 371/2001, registered with circle/sub-circle Immigration wing Karachi. The application made under Section 249 Cr.P.C. before the learned trial Court was dismissed vide order dated 10.4.2002.
The prosecution story as unfolded in FIR is that on 19.9.2001 the Complainant Sub-Inspector Qamar Muhammad of FIA Immigration Passport Cell , Saddar, Karachi appeared at FIA Immigration Wing, Karachi and lodged FIR the details of which are that, according to the enquiry No. 460/01, dated 20.9.01, registered with this cell, the Passengers 1) Naeem s/o Khial holder of Pasport No.: K-436211 dated 15.6.2001 issued from Karachi , holder of NIC No. 523-76-128845 issued from Karachi and 2) Khan Mohammad s/o Akbar Khan, holder of Passport No. K-436199 dated 15.6.2001 issued from Karachi, holder of NIC No. 3-93-128844 issued from Karachi at the Immigration counter of Karachi Airport for clearance to go to Japan. The official members of immigration authorities started checking their National Identity Cards, Passports etc. and found that both the passengers have obtained their National Identity cards and Passports by mentioning falsely about their residential addresses, but the fact is that both the passengers are by birth resident of NWFP province. Further it also reveals that passenger Khan Mohammad s/o Akbar Khan has made amendment in the date of birth in his Passport. During the Course of interrogation both the passengers confessed in the office of FIA Passport Cell, Sadar Karach that they are originally citizen/resident of Mehmand Agency, NWFP, and also they are by birth inhabitant of NWFP, and they intentionally concealed the facts and showed them residents of Karachi by birth and initially got prepared their above said Identity card and later on obtained Passports, and thereafter in order to get the Visa of Japan, both of them got prepared the fake Income Tax, Import export license and certificate from Small Industries, Karachi through an agent namely Baqar, and submitted the same along with Visa Application form, and in this way they succeeded to obtain Visa of Japan. Since this Act of both the above said passengers/ Accused persons falls u/s 6(1)(a)(c)(f) Passport Act 1974, 11(1) R.A. 420/471/109 PPC therefore case was registered against both the above said accused persons/passengers namely 1) Naeem s/o Khiyal Mohammad and 2) Khan Mohammad s/o Akbar Khan, and one S.I. have taken charge of investigation himself. Both the above said accused persons have been duly arrested and confined in lock up.
The investigation followed and in due course both the applicants were sent up to stand trial in the Court of Vth Judicial Magistrate, Malir Karachi . The case proceeded on 9.3.2002, and the charge was framed and the PWs were summoned. On 9.3.2002 the Complainant was examined (Ex.3) as P.W.1 and Kanwar Muhammad Shakeel was examined as P.W.2 (Ex.4) Both these witnesses during the course of trial did not support the case of prosecution. There is no other witness examined in this case.
I have heard the learned counsel for the respective parties and perused the record. It has been contended by the learned counsel for the applicant that the case against the applicant is false and the evidence of two witnesses was recorded but they had not supported the case of prosecution. Learned DAG concedes to the above legal position and has no objection if the application is granted and the accused are acquitted.
I have given my anxious consideration to the arguments of the learned counsel for the respective parties and feel that the whole case hitches on the evidence of two star witnesses namely Complainant Sub-Inspector Kanwar Mohammad and P.W. Shakeel and both of them have given clear goby to the prosecution version leaving behind no iota of evidence. In the circumstances learned counsel for the applicant has been able to make out a case of clean acquittal. Consequently, this application is granted and the accused are acquitted . The applicant is already on bail and their bail bonds stand discharged .
With this observation Cr. Misc. Application No. 129 of 2002 stands disposed off.
JUDGE