Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497---Emigration Ordinance (XVIII of 1979), Ss.17(2)(b)/22(b)---Bail, grant of---Section 22(b) of the Emigration Ordinance, 1979, prima facie, was not attracted in the case, as the same entailed some kind of fraud played or deceipt practised upon the person by misleading him and to extort money---None of the victims admittedly had made any complaint of such fraud---Apparently accused. appeared to have assisted certain persons to emigrate or depart from Pakistan in violation of law, which might amount to an offence under S.17(2)(b) of the said Ordinance punishable by five years' R.I. or fine or with both---Circumstantial evidence available on record also appeared to be as regards commission of the same offence and for securing conviction such evidence ought to be inconsistent with the innocence of the accused---Matter against accused was one of further inquiry---Offence did not fall within the prohibitory clause of S.497(1), C.P.C.---Accused was admitted to bail in circumstances. ORDER SABIHUDDIN AHMED, C J.---The Ministry of Foreign Affairs complained to the FIA that they had been informed by the Pakistan High Commission in South Africa that a travel agent in Karachi Bilal, brother of the applicant was involved in the human trafficking from Pakistan to South Africa via Mozambique and Malawi. Upon enquiry it was found that several people had travelled to Mozambique on valid passports and tourist visas but instead of their own returning to Pakistan the return tickets were sent to Karachi and refund of the unused part of the tickets was obtained from Danish Travels (Pvt.) Ltd. by the applicant and a few others. Accordingly an F.I.R. was registered where it was stated that the applicant and companions were involved in sending people to Mozambique after collecting about Rs.150,000 each. The case for offence punishable under sections 17(2)(b) and 22(b) of the Immigration Ordinance, 1979 was registered. 2. In the first instance it may be pertinent to mention that an offence under section 22(b) Emigration Ordinance is punishable with 14 years and 'the aforesaid statutory provision reads as under:- "22. Receiving, money,…

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