Law: Emigration Ordinance, 1979

Section: 18,24(6)

Law: Passports Act, 1974

Section: 6

Emigration Ordinance (XVIII of 1979) Ss. 18 .& 24(6) Passports Act (XX of 1974), S.6 Appreciation of evidence Omission in obtaining prior sanction of Government to conduct trial Effect Accused was convicted and sentenced by Trial Court on allegations that he had been preparing and issuing forged and false visas and by forging passports had facilitated unauthorised persons to immigrate to other countries Trial Court had conducted trial against accused without obtaining prior sanction from Federal Government as envisaged by S.24(6), Emigration Ordinance, 1979 Mandatory provision of law having been violated, trial against accused would stand vitiated. Jaswant Singh v. The State of Punjab PLD 1958 SC (Ind.) 328; Rashid Ahmad v. The State PLD 1972 SC 271 and Ronamall v. State 1985 PCr.LJ 1126 ref. THIS JUDGMENT DELIVERED BY: ZAFAR PASHA CHAUDHRY, JUSTICE---.---- Through this appeal, judgment, dated 30 1 1999 passed by learned Special Judge (Central), Lahore has been assailed, whereby Qudratullah son of Muhammad Hanif appellant was tried under section 18 of the Emigration Ordinance, 1979 read with section 6 of the Passports Act, 1974 and consequently, convicted under section 18 of the Emigration Ordinance, 1979 and sentenced to undergo R.I. for. 7 years with a fine of Rs.50,000 or in default to undergo R.I. for one year. Conviction was also recorded under section 6(1)(d) of the Passports Act, 1974 and he was awarded sentence of three years' R.I. with a fine of Rs.20,000 or in default to undergo R.I. for six months. Both the sentences of imprisonment were ordered to run concurrently. Benefit of section 382 B, Cr.P.C. was also extended. 2. The prosecution case in brief is that the appellant had opened an office in his house located in Kot Kamboh, Nawankot, Lahore and prepared bogus visas for America, France, Canada, Great Britain, Saudi Arabia etc. and also by removing certain papers from the passports, interpolated the photographs of the passport holders by removing the photographs of the original passport holders and as such managed to prepare the forged and fake visas. A raiding party was constituted which raided the house of the appellant and recovered 40…

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