Case Details

Citation(s)
2026 SLG 4780 = 2026 SLD 4780 = 2026 LHC 5300
Lahore High Court
Crl.Misc.No.33563-B of 2026
Presented By: Muhammad Amjad Pervaiz
                                               20.08.2026        M/s Ijaz Ahmad Janjua and Saleem Ahmad Khan Advocates for the petitioner.                                                   Ch.Usman Ghani, Assistant Attorney General with Ayesha Masood SI/FIA.                                                         Complainant with Mr.Junaid Sarvar, Advocate                                  

Muhammad Abbas

VS

. The State and another. 

Law: Criminal Procedure Code (V of 1898)

Section: 497(2)

Law: Emigration Ordinance, 1979

Section: 17,22

Case Summary & Legal Core Points

FIR & Facts

Detail Description
FIR No. 1047, dated 31.12.2025, PS FIA/AHTC, Lahore
Offences Sections 17 & 22, Emigration Ordinance, 1979
Allegation Petitioner and co-accused took Rs. 9,00,000 from complainant (partly cash, partly bank transfer) on pretext of sending her to Muscat for employment — neither sent abroad nor money returned
Year of Occurrence 2024

Bail Granted — Rs. 2,00,000 with one surety.


Legal Core Points

1. Central Constitutional Issue — Article 12 (Protection Against Retrospective Punishment)

The key legal question was whether the Emigration (Amendment) Act, 2025 — which converted the punishment from "imprisonment or fine or both" (alternative) to "imprisonment and fine" (cumulative, heavier) — applied to this case where the occurrence was in 2024, before the Amendment.

Court's Holding: The Amendment does not apply to this case — Article 12 of the Constitution absolutely bars retrospective punishment.

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