Law:

Section:

Emigration Ordinance (XVIII of 1979)---.--- ---.----Ss. 18 & 22---.---Fraudulently inducing to emigrate receiving money, etc. for providing foreign employment---.---Appreciation of evidence---.---Non-production of passports as evidence---.---Effect---.---Allegation against accused was that he received money from the affectees with the commitment to send them abroad against a valid visa for employment---.---Visas affixed on passports of affectees were allegedly bogus, where after, accused issued cheques to the affectees to return their money, but said cheques were dishonoured due to insufficient funds---.---Prosecution contended that dishonouring of cheques in question was sufficient to establish guilt of accused---.---Trial Court convicted and sentenced accused under Ss.18 & 22 of Emigration Ordinance, 1979---.---Validity---.---Passports of affectees containing alleged forged visas were never produced in court---.---Investigation officer did not take any material in possession to establish offences under Ss.18 and 22 of Emigration Ordinance, 1979---.---Without any passport, visa or related documents, it could not be concluded that prosecution had established any case for the offences under Emigration Ordinance, 1979---.---Appeal was allowed conviction recorded by Trial Court was set-aside and accused was acquitted of the charge. 1986 MLD 2719; 1984 PCr.LJ 283; 2009 YLR 2390; 1994 PCr.LJ 2451; 1985 PCr.LJ 2982 and PLD 2004 Lah. 767 ref. THIS JUDGMENT DELIVERED BY: MUHAMMAD ANWAR KHAN KASI, JUSTICE:---.---- This appeal is directed against the judgment dated 22-10-2009, passed by learned Special Judge Central Rawalpindi, whereby the appellant was found guilty under sections 18 and 22 of Emigration Ordinance, 1979 and sentenced as under:---.--- Under Sec. 18: Sentenced to R.I. for 12 years with fine of Rs.2,00,000 in default to pay the amount of fine, the appellant will have to undergo S.I. for 2 years. Under Sec. 22: Sentenced to R.I. for 12 years with fine of Rs.2,00,000 in default to pay the amount of fine the appellant will have to undergo S.I. for 2 years. The sentences were directed to run concurrently with benefit of section 382-B, Cr.P.C. 2. The…

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