ABDUL AZIZ and another vs THE STATE
This matter concerns a post-arrest bail application filed by a driver and a conductor who were apprehended after transporting Afghan nationals in a coach intercepted by the Federal Investigation Agency. The core legal question was whether the applicants, acting merely as transport service providers, could be held criminally liable for transporting foreign nationals without evidence of their knowledge regarding the passengers' nationality or intent. The Court held that there was no evidence on record to establish that the applicants were deliberately transporting foreign nationals or that they possessed any knowledge of the passengers' identities or the purpose of their travel. Consequently, the Court allowed the bail application, ruling that the case against the applicants required further inquiry. The key principle laid down is that criminal liability for transporting foreign nationals cannot be imputed to transport service providers, such as drivers and conductors, in the absence of evidence demonstrating their deliberate involvement or prior knowledge of the passengers' status or illegal intent.
- Can a driver or conductor be held criminally liable for transporting foreign nationals without evidence of their knowledge regarding the passengers' status?
- Does the mere act of transporting foreign nationals in a public coach constitute sufficient evidence to deny bail to the driver and conductor?
ORDER
1. ' SHAHID ANWAR BAJWA, J.---F.I.R. No,182 of 2011 was recorded at Police Station FIA, AHT Circle, Karachi. It was stated in the F.I.R. That upon receipt of credible information that some foreigners were going to enter Karachi from Balochistan by Coach, a police party intercepted the coach which was coming from Balochistan and during checking found that in the coach they were Afghan nationals. The present applicants were respectively driver and conductor of the coach.
2. ' Learned counsel submits that no law requires a bus or a taxi driver to determine the identity of a person before allowing him to board the bus or taxi. He submitted that there is no evidence whatsoever that the applicants knew the identity or the nationality of the persons or the purpose of their travel.
3. ' Learned Standing counsel submitted that the applicants were transporting foreign nationals and therefore are involved in the crime.
4. ' I have considered the submissions made by the learned counsel and have also gone through the record.
5. ' Learned counsel for the applicants seems to be correct when he submitted that the applicants were driver and conductor of the bus and had nothing to do with the said passengers who are Afghan nationals. No evidence has been pointed out to establish that the applicants were- A deliberately transporting the foreign nationals. Therefore, the case against the applicants is of further inquiry.
6. ' Consequently, this bail application is allowed and the applicants are ordered to be admitted to bail upon their executing P.R. Bond in the sum of Rs,50,000 each with one surety each in the like amount to the satisfaction of the trial Court.