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Miscellaneous Application No. 28 of 1969, in Criminal Revision Application No. 226 of 1968, decided on 3rd February 1969.

S. 12 & 13-Person declared as dangerous and disorderly person by Tribunal and ordered to be externed for 3 years on basis o/ several cases of cheating filed against him-Only one case found to be still pending in which no final challan yet submitted-Person steed to be a bona fide businessman running a registered firm paying income-tax-Order of externment ordered to be suspended till final decision of case, on such person giving surety in sum of Rs. 40,000.

Arsalla Khan v. State 1968 P Cr. L J 107 ref.

Mrs. Salima Nasiruddin for Applicant.

Nooruddin Sarki for the State.

In the impugned order dated 20-11-68 the learned Tribunal and the District Magistrate of Karachi declared the application as a dangerous and disorderly person. He further ordered that his name be placed on the list of such dangerous and disorderly persons with a further order that he should be externed from Karachi for a period of 3 years on the basis that several cases of cheating were filed against this applicant. It is conceded at the bar by the learned counsel for the State that in these cases the applicant was acquitted by the appellate Courts although initially he was convicted. The evidence of several witnesses of Nawabad has been brought on record to show the general conduct and the character of the applicant. There is only one case at present still under investigation in which no final challan has been submitted. This appears to be based on a raid of the applicant', firm by the Pakistan Special Police in the course of which forged bills, seals and other papers were secured prima facie indicating, that they were being used for the preparation of forged compensation books, etc. The learned counsel for the applicant has relied on Arsalla Khan v. State (1968 P Cr. L J 107) in which Mr. Justice Jamil Asghar considering a case of a similar nature held that the order externing the petitioner from Karachi be suspended till the final decision of the case. These cases involved charas and opium in which the accused had been acquitted in appeal. The learned counsel therefore urges the since this case is on all fours with that cited by her the order of the externment of the applicant should be suspended. The learned counsel for the State concedes that there is only one case pending against the applicant in which no challan has been finally presented. I, therefore, order that the order of externment of the applicant should be suspended on applicant giving surety in the sum of Rs. 40,000 with two sureties each in the sum of Rs. 20,000 for appearance in Court. I make this order in view of the prayer of the learned counsel for the applicant that the applicant is a bona fide businessman and is running a firm in the name of Noor Muhammad & Co. which firm has been registered and. pays income-tax.

An early date be fixed for the main revision application preferably within the month of March 1969.

Order accordingly.

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