' SARDAR MUHAMMAD ASLAM, J.---Through this petition, petitioner seeks post arrest bail in case FIR No, 786, dated 7.11.2007, registered under Sections 3/4, HTO, 2002, with Police Station FIA Gujranwala.
2. Heard Record perused.
3. The petitioner filed post arrest bail which came up for hearing before the learned Judicial Magistrate, who dismissed the same on 30.11.2007. He preferred an appeal before the learned Sessions Judge, Gujranwala, which came up before the learned Additional Sessions Judge, Gujranwala, who observed in his order dated 13.1.2007 that jurisdiction in this matter rest with Special Judge (Central) as Section 22 of Immigration Ordinance, 1979 is squarely attracted.
4. Learned counsel for petitioner submits that observation of learned Additional Sessions Judge, Gujranwala is bereft of any merit as the allegations mentioned in the FIR attracts the provisions of Sections 3 and 4 of the Prevention and Control of Human Trafficking Ordinance, 2002.
5. Heard. Record perused.
6. Human Trafficking is defined under Section 2(h), which reads as under:-- "(h) "human trafficking" means obtaining, securing, selling, purchasing, recruiting, detaining, harbouring or receiving a person, notwithstanding his implicit or explicit consent, by the use of coercion, kidnapping, abduction, or by giving or receiving any payment or benefit, or sharing or receiving a share for such person's subsequent transportation out of or into Pakistan by any means whatsoever for any of the purposes mentioned in section 3."
7. Bare reading of Section 2(h), manifests coercion, kidnapping, abduction, or by giving or receiving any payment, or sharing or receiving a share for such persons subsequent transportation out of Pakistan by any means, whatsoever, for any of the purposes mentioned in Section 3 is sine qua non to attract provision of Section 3 of the Ordinance.
8. Mere promise or taking a person outside Pakistan to provide employment abroad will not constitute "human trafficking" within the meaning of Section 3 of the Ordinance. Essential ingredients for application of Section 3 are coercion, kidnapping, abduction etc. Reading of the FIR does not indicate any coercion or use of force. Learned Additional Sessions Judge, has rightly observed that matter relates to the jurisdiction of the learned Special Judge (Central), calling for no interference.
9. For what has been discussed above, this petition is dismissed in limine. The petitioner, however, if so advised, may approach the learned Special Judge (Central) for the relief sought for. in limine.