Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S.367---Foreigners Act (XXXI of 1946), Ss. 3, 4 & 14---Judgment---Points for determination--- Formulation of--- Scope--- Trial Court convicted and sentenced the accused under Ss. 3 & 4 read with S. 14 of Foreigners Act, 1946---Contention of accused was that Trial Court had not formulated points for determination the ---Validity---Trial Court should have recorded the evidence for the prosecution witnesses and after assessment of evidence and keeping in view the plea of accused should have decided the case---Accused had been convicted under Ss. 3 & 4 of Foreigners Act, 1946---Section 3 of Foreigners Act, 1946 was with regard to powers of Federal Government to make orders whereas S. 4 of the Act was with regard to Internees---Accused had been convicted and sentenced without mentioning the relevant subsection of S. 14 and only 5 years sentence had been awarded---Case having not been decided in accordance with S. 367, Cr.P.C. conviction and sentence were set aside and case was remanded to the Trial Court for passing the in accordance with law. Farrukh Sayyar and 2 others v. Chairman, NAB, Islamabad 2004 SCMR 1 rel. THIS JUDGMENT DELIVERED BY: NAIMATULLAH PHULPOTO, JUSTICE:---------- Appellant Janan was tried by learned III Additional Sessions Judge Karachi West for offences under sections 3/4 of the Foreigners Act, 1946. On the conclusion of the trial, appellant Janan was convicted and sentenced under sections 3/4 read with section 14 of the Foreigners Act, 1946 vide judgment dated 21.03.2014. 2. Brief facts of the prosecution case as disclosed in the FIR are that on 04.09.2013 at 0110 hours complainant ASI Muhammad Afzal along with subordinate staff was on patrolling duty in the area, when they reached at Quetta Hotel near Naka Chungi Hotel at 0300 hours, saw that one person was sitting in the hotel in suspicious manner. He disclosed his name as Janan son of Abdul Rahim. He further disclosed that he is Afghani and resident of Qandhar. He did not produce passport he was arrested. Such FIR was lodged against him under sections 3/4 of the Foreigners Act, 1946. 3. After usual investigation, challan was submitted…

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