| Citation(s) |
|---|
| 2011 SLG 1995 2011 SLD 1995 2011 PLD 48 |
Sindh High Court
Constitutional Petition No. 1358 of 2009 converted into Criminal Miscellaneous Application No. 312 of 2010, decided on 11th October, 2010. DATE of hearing: 29th September, 2010
AMIR HANI MUSLIM AND SYED HASSAN AZHAR RIZVI, JJ
Jawaid Ahmed Chattari for Petitioner. Shahab Sarki, Standing Counsel with Inspector FIA M. Anwar (present in person). Shafi Muhammad Memon, Addl. A.G. Sindh. Muhammad Riaz Senior Prosecutor NAB. Syed Israr Ali, Deputy Director FIA, Investigatin Officer, H
Constitutional Petition No. 1358 of 2009 converted into Criminal Miscellaneous Application No. 312 of 2010, decided on 11th October, 2010. DATE of hearing: 29th September, 2010
AMIR HANI MUSLIM AND SYED HASSAN AZHAR RIZVI, JJ
Jawaid Ahmed Chattari for Petitioner. Shahab Sarki, Standing Counsel with Inspector FIA M. Anwar (present in person). Shafi Muhammad Memon, Addl. A.G. Sindh. Muhammad Riaz Senior Prosecutor NAB. Syed Israr Ali, Deputy Director FIA, Investigatin Officer, H
SALIM BHALLO
VS
LEARNED COURT OF DISTRICT AND SESSIONS JUDGE, SOUTH, KARACHI
Law: Foreigners Act, 1946
Section: 3(2),13,14
Law: Criminal Procedure Code (V of 1898)
Section: 265K,561A
Law: Constitution of Pakistan, 1973
Section: 199
Law: National Database and Registration Authority Ordinance, 2000
Section: 11,30
Foreigners Act (XXI of 1946)--- ---Ss. 3(2), 13 & 14---National Database and Registration Authority Ordinance (VIII of 2000), Ss.11 & 30---Criminal Procedure Code (V of 1898), Ss.265-K & 561-A---Constitution of Pakistan, Art.199---Constitutional petition---Violation of restrictions imposed on foreigners in Pakistan---Trial Court dismissed accused's application for acquittal under S.265-K, Cr.P.C.---Accused contended that National Database and Registration Authority had cancelled his Pakistan Origin Card (POC) without issuing any show-cause notice to him---Accused further contended that court was not competent to take cognizance of any .offence punishable under S.30 of National Database and Registration Authority Ordinance, 2000 unless the National Database and Registration Authority had lodged complaint in writing to the Federal Investigation Agency or notify the same in official Gazette---Validity---Investigating Officer failed to show any order of cancellation of Pakistan Origin Card (POC) of accused by the National Database and Registration Authority which was neither the complainant nor had been shown as witness in the calendar of witnesses---Accused's petition, in circumstances, was converted into criminal miscellaneous application under 5.561-A, Cr.P.C. and proceedings against him before the Trial Court were quashed. JUDGMENT SYED HASAN AZHAR RIZVI, J.---The petitioner by the present petition has challenged the order dated 20-4-2009 passed by the learned District and Sessions Judge, Karachi-South, the respondent No.1, dismissing the application of the petitioner under section 265-K, Cr.P.C. 2. Brief facts of the case as they appear from the record are that Enquiry No.760/2008 conducted at AHT Circle (Anti-Human Trafficking Circle) F.I.A., Karachi on the complaint of Mr. Mahmood Hussain, resident of Karachi who informed that Mr. Salim Bhallo son of Muhammad Baker Bhallo the present petitioner, a Tanzanian National, holding Tanzanian Passport No.AB-032948 has married to Mrs. Nihad Fatima Bhallo having P.O.C. (Pakistan Origin Card) No.8265866504802, having dual nationality i.e. Pakistani/U.K. Mrs. Nihad Fatima Bhallo died on 12th February, 2004.…
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