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Criminal Bail Application No. 1724 of 1986, decided on 23rd December, 1986.

‑‑‑S. 497‑‑Penal Code (XLV of 1860), Ss. 420, 471, 170‑‑Emigration Ordinance (XVIII of 1979), S. 18‑A‑‑Accused indulged in arranging for employment of some persons abroad on basis of forged documents although he did not hold any recruiting agent's licence from competent authority‑‑Prima facie case existing against accused‑‑Accused was caught on spot while he was getting application forms printed for visas and other forged documents‑‑Accused, a previous convict and some other cases of identical nature were pending against him‑‑Offence under S. 18‑A of Immigration Ordinance of which accused was charged was punishable with imprisonment for life‑‑Bail refused in circumstances.

Qamar Mohammad Khan for Appellant.

S. Sarfraz Ahmed Khan, A.A.‑G.

This is an application for bail on behalf of one Qazi Ghulam Mustafa s/o Mohammed Ismail in a case registered under sections 420, 471, 170, P.P.C. and 18‑A of Immigration Ordinance, 1979 on 26‑6‑1986 by F.I.A. C.C.I. Karachi, as F.I.R. No. 32/86.

Inspector, Syed Mohammad Naziruddin of F.I.A. Crime Circle‑I, Karachi, on receiving credible information that applicant, Qazi Ghulam Mustafa is recruiting people in Pakistan and arranging fake visas for K.S.A./Kuwait by printing the documents from M/s. Publishers and Printers, Burns Road, Karachi, and M/s. Mir Sons Publishers and Printers, Model High School, Haqqani Chowk, Karachi. The raid was conducted and in presence of the private Mashir found applicant sitting in the press of M/s. Mir Sons Publishers. On enquiry, Manager, Mir Abdul Ghani, disclosed that applicant had come, in his office and introduced himself as an officer of Prime Minister's Secretariat, Rawalpindi, State Guest House, Camp Office, Karachi, and wanted to get the letter heads and envelopes printed. He suspected foul play and brought this matter to the notice of the Director, F.I.A., Karachi. Abdul Ghani, Manager, produced two letters signed by Additional Private Secretary to the Prime Minister, Islamabad, dated 9‑4‑1986 and another letter signed by Usman Ali Esani, Secretary to the Prime Minister, dated 7th May, 1986. The manager also produced 5 leaves of application forms for obtaining visas for K.S.A. and Kuwait. All these documents were seized and applicant was arrested.

I have heard Mr. Qamar Mohammad Khan appearing for the applicant. It is contended that provisions of the Immigration Act do not attract to this case. It is argued that in the interim challan Special Judge has observed that separate challan would be filed for the offences punishable under sections 420, 471 and 170, P.P.C.

Mr. S. Sarfraz Ahmed Khan, A.A.‑G., opposed the bail and submitted that applicant is a habitual offender as he has been convicted twice for the same offence and two other cases have been registered at Islamabad. This fact has not been controverted by the learned counsel for the applicant.

The applicant was caught on the spot while he was getting the application forms printed for the visas and other forged documents. There is prima facie case that he is indulging in the arranging for employment of some persons abroad on the basis of forged documents. There is nothing to show that he holds any recruiting agent's licence from the competent authority. He is previous convict and some other cases of identical nature are pending. Without any prejudice, it is observed that fake recruiting business has become very common which gives bad name to the country. The offence under section 18‑A of Immigration Ordinance is punishable with imprisonment for life. There is no merit in the application which is dismissed.

M.Y.H./G‑23/K Petition dismissed.

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