| Citation(s) |
|---|
| 2004 SLG 1030 2004 SLD 1030 2004 SCMR 794 |
Supreme Court of Pakistan
Criminal Petition No.604 L of 2003, decision dated: 30-10-2003.(On appeal from the order dated 11 7 2003 of the Lahore High Court in Criminal Appeal No.23 of 2003)
SH. RIAZ AHMAD, C.J. AND QAZI MUHAMMAD FAROOQ, J
Muhammad Sharif Chohan, Advocate Supreme Court for Petitioner. Nemo for the State
Criminal Petition No.604 L of 2003, decision dated: 30-10-2003.(On appeal from the order dated 11 7 2003 of the Lahore High Court in Criminal Appeal No.23 of 2003)
SH. RIAZ AHMAD, C.J. AND QAZI MUHAMMAD FAROOQ, J
Muhammad Sharif Chohan, Advocate Supreme Court for Petitioner. Nemo for the State
SADIQ HUSSAIN
VS
THE STATE
Law:
Section:
Emigration Ordinance (XVIII of 1979)---S. 22(b) Constitution of Pakistan (1973), Art.185(3) Plea of animosity having not been substantiated at the trial, could not be gone into at such stage Nothing was brought on the record to show that the witnesses appearing against the accused had the motive to falsely implicate him in the case Impugned did not disclose any illegality or irregularity warranting interference by Supreme Court ¬Leave to appeal was declined to accused accordingly. ORDER SH. RIAZ AHMAD, C.J. The petitioner was tried by the learned Special Judge (Central), Lahore for the commission of offence under section 22(b) of the Immigration Ordinance, 1979, and at the conclusion of the trial was convicted and sentenced to undergo R.I. for three years and to pay fine of Rs. Five lacs, or in default thereof, to suffer further six months' R.I. 2. The prosecution case in brief is that the petitioner had received a sum of Rs.4,96,000 alongwith five Passports and the Identity Cards for sending complainant Abdul Aziz and Abdul Majeed abroad in connection with their employment. On petitioners failure to do so, the complainant reported to the Investigating Agency vide complaint Exh.P.A. The matter was thoroughly inquired into and ultimately the petitioner was sent up to face his trial before the trial Court. The prosecution in order to substantiate its case at the trial produced ten witnesses in all. Statement of the petitioner was also recorded under section 342, Criminal Procedure…
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