Law: Emigration Ordinance, 1979

Section: 22

Law: Prevention and Control of Human Trafficking Ordinance, 2002

Section: 4,3

Criminal Procedure Code (V of 1898)--- ----S. 497---Prevention and Control of Human Trafficking Ordinance (LIX of 2002), Ss. 2(h), 3 & 4---Emigration Ordinance (XVIII of 1979), S.22---Bail, refusal of---Application for grant of bail having been dismissed by the Judicial Magistrate, petitioner preferred appeal before appellate Court, which was dismissed with observation that jurisdiction in the matter rested with Special Judge (Central) as S.22 of Emigration Ordinance, 1979 Was squarely attracted in the matter---Essential ingredients for application of S.3 of Prevention and Control of Human Trafficking Ordinance, 2002, .were coercion, kidnapping, abduction etc.---F.I.R. did not indicate any coercion or use of force---Mere promise or taking a person outside Pakistan to provide him employment abroad, would not constitute `human trafficking' within the meaning of S.3 of Prevention and Control of Human Trafficking Ordinance, 2002---Appellate Court had rightly found that matter related to the jurisdiction of Special Judge (Central)---Petition was dismissed, with observation that petitioner, if so advised, could approach Special Judge for the relief sought for. ORDER SARDAR MUHAMMAD ASLAM, J.---Through this petition, petitioner seeks post arrest bail in case F.I.R. No.786, dated 7-11-2007, registered under Sections 3/4 HTO 2002 with Police Station F.I.A. Gujranwala. 2. Heard. Record perused. 3. The petitioner filed post arrest bail which came up for hearing before the learned Judicial Magistrate, who dismissed the same on 30-11-2007. He preferred an appeal before the learned Sessions Judge, Gujranwala, which came up before the learned Additional Sessions Judge, Gujranwala, who observed in his order dated 13-1-2007 that jurisdiction in this matter rest with Special Judge (Central) as section 22 of Emigration Ordinance 1979 is squarely attracted. 4. Learned counsel for petitioner submits that observation of learned Additional Sessions Judge, Gujranwala is bereft of any merit as the allegations mentioned in the F.I.R. attracts the…

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