ABDUL QUDUS vs THE STATE

ORDER

1. ' Applicant Abdul Qudus was arrested on 8-8-2001 by F.I.A. Passport Cell, Karachi for offences punishable under section 6(1)(a)(c)(f) of Passports Act, 1974 and sections 420, 468 and 471/109, P.P.C.

2. ' After usual investigation interim challan was submitted by F.I.A. Whereby the applicant was booked for the above offences on the following facts and grounds:-- "Facts in brief of the case are that accused Abdul Qudus son of Abdul Salam Shaheed holding Pakistani Passport No,E-905557 issued at Muzaffarabad (A.K.) and Canadian Landing Permit bearing No,W-920323503 while proceeding abroad from Karachi Airport was off loaded by F.I.A., Immigration (Departure) QIAP Karachi and referred to be fake/forged. During enquiry it has been suspected/gathered that (i) accused named above is Ahmadi by religion, whereas he has declared his religion as Islam, (ii) permanent resident of District Sargodha, got issued passport from R.P.O. Muzaffarabad by declaring false address (iii) no Immigration Exit stamp of any check post of Pakistan is available on the passport, whereas landing permit also found suspected to be tampered with. On further interrogation he state that he got issued passport etc. Through agent, but failed to disclose particular/whereabouts of agent. Hence, the instant case was registered and effected his arrest accordingly.

3. ' Investigation is in progress. Verification reports of Canadian landing permit. National Identity Card have not yet been received from the quarter concerned. Sufficient corroborative evidence is to be collected, as such investigation could not be completed at this stage.

4. ' Hence, this interim charge-sheet is submitted before this Honourable Court with prayer to kindly adjourn the proceedings."

5. ' Learned counsel for applicant submitted that the maximum punishment for offences under section 6 of the Passports Act is three years, while section 420, P.P.C. Bailable and the offences under section 468 read with section 471, P.P.C. Are non-cognizable, therefore, the concession of bail may not be withheld at this stage until the guilt of accused/applicant is proved at the trial. He relied upon the cases reported as Iftikhar Ali v. The State 1999 PCr.LJ 1239 and Muhammad Younus and another v. The State 2001 PCr.LJ 157.

6. ' Learned Dy.A.-G. Did not controvert the legal position but submitted that these offences, such as travelling on forged and fake passport bring bad name to the country and often the Airline is fined for carrying such passengers.

7. ' I have considered the contentions carefully. I agree with learned Deputy Attorney-General that such kind of offences may be checked but unfortunately the elements who are responsible for arranging such documents and trapping the passengers after fleecing huge amounts from them go scot-free and no harm is caused to them and the Investigating Agency does not take pains to rope them in so that incidence of such offences be minimized. Nevertheless, it is a matter of record that the applicant stands booked. For offences which do not fall within the prohibitory clause of section 497(1), Cr.P.C. Besides, the offences under sections 468/471, P.P.C. Are non-cognizable. The authorities cited by the learned counsel for applicant also support his contention. In such circumstances, bail cannot be withheld as punishment.

8. ' Consequently, the application is allowed. The applicant shall be released on bail on his furnishing surety in the sum of Rs,1,00,000 and executing P.R. Bond in the like amount to the satisfaction of the trial Court.