AFTAB AHMED GORAR, J.---This single judgment will dispose of two Criminal Appeals altogether because both are arising out of one and the same crime. Appellants Muhammad Siddique and Rashid were found guilty of receiving money for providing foreign employment and vide judgment dated 06.11.2014 learned Special Judge, Court No,1, Central Karachi convicted the appellants under Section 22(b) of Emigration Ordinance, 1979 and sentenced the appellants to suffer rigorous imprisonment for five years and to pay fine of Rs,100,000/- in default thereof both appellants shall further undergo simple imprisonment for six months. Both appellants were also convicted under section 6(1)(g)(h) of Passports Act, 1974, and sentenced them to suffer rigorous imprisonment for one year and to pay fine of Rs,50,000/- each and in default thereof both the appellants shall further undergo simple imprisonment for three months however; benefit of section 382-B, Cr.P.C. was also extended both the appellants.
2. The sum and substance of the prosecution story as is envisaged in the First Information Report are that on the eventful day upon credible information that notorious agent namely Rasid is running his "Travel Agency" without any authority/ licence from the Government of Pakistan; and has extorted huge amounts from the intending emigrants with the pretext of providing them foreign employment i,e, Saudi Employment coupled with Visas. Besides, he is also indulged in providing fake/forged Saudi Employment Visas and possessing numerous passports in his possession illegally. After approval of competent authority, Federal Investigation Agency constituted raiding party and conducted raid at the office No, 55, Panorama Centre, Ground Floor, Fatima Jinnah Road, Saddar, Karachi having board under the name and style of "MESSRS AFROZE TRAVEL", where notorious agent namely Rashid was found available at the office and was busy in dealing with intending emigrants. After due introduction, search of the said office was conducted in presence of witnesses and recovered passports, Computerized National Identity Cards etc. which details as mentioned in the First Information Report.
3. After due investigation, Investigation Officer submitted complaint under section 24(6) of Emigration Ordinance, 1979, for sanction as is contemplated under section 24(6) of Emigration Ordinance, 1979 from Secetary Ministry of Labour and Manpower Islamabad at Exhibit-4, same could not received or refused by the Federal Government; after expiry of prescribed period, case proceeded against the appellants.
4. Compliance of Section 2654C ) were carried out at Exhibit-1, to which necessary documents were provided to the appellant. Charge at Exhibit-2 was framed against the appellants, to which appellants pleaded not guilty and claimed for trial.
5. In order to establish the charge leveled against the appellants, prosecution has examined PW-1 Muhammad Riaz at PW-2 Akbar Hussain, Driver vide PW-3 Zaheer Bux, driver at Ex.7, PW-4 Lal Muhammad, driver, at Ex.8, PW-5 Akbar Ali, SI FIA, AHTC, Karachi at Ex.9, PW-6 Syed Shahbaz Ali Shah, Inspector FIA, SBC, Karachi at Ex.10, PW-7 Muhammad Zubair Ghumman, Investigation Officer/Inspector FIA, AHTC, Karachi at Ex. 11; ther eafter prosecution closed his side at Exhibit 12.
6. Statement of accused were recorded as required under Section 342, Cr.P.C. at Exs. 13 to 15, to which appellants denied the allegations leveled against them and claimed themselves to be innocent but appellants did not choice to examined themselves in disprove of the charge as is envisaged under section 340(2), Cr.P.C; neither intended to led any defence evidence in support of their plea in toto.
7. Mr. Sikandar Khan, advocate, representing the appellant Muhammad Siddique in Criminal Appeal No, 318 of 2014, contended that appellant was not arrested at the spot; nothing has been recovered from the possession of appellant; per learned counsel judgment delivered by the learned trial Court is creating ambiguity and doubts whereas no recovery has been made of the cheques as alleged issued to the prosecution witnesses; per learned PW-1, PW-2, PW-3, PW4, PW-5, PW-6 and PW-7 have deposed in a cursory manner and had contradicted their own statements recorded either in Court or the statements recorded under section 161, Cr.P.C. per learned counsel according to the contents of FIR, points framed by the learned trial Court are contradictory to each other; per learned counsel learned trial Court has delivered the impugned judgment by misreading, non-reading and non-application of judicious mind while appraising the entire evidences so brought on record by the prosecution but did not bothered to appraise the cross- examination as was conducted before the learned trial Court; per learned counsel in light of evidences, discussion and the material available on record, appellant Muhammad Siddique is entitled for acquittal; per learned counsel the judgment delivered by learned trial Court may be set aside and appeal of the appellant may be allowed.
8. Mr. Muhammad Arshad Khan, advocate, representing the appellant Rashid in Criminal Appeal No, 298 of 2014, contended that appellant is quite innocent and has no concern with. the alleged offence and has been falsely implicated by the Federal Investigation Agency; per learned counsel appellant is seriously ill due to blood Cancer, and twice in a month his blood stands changed as well as appellant is on dialysis nowadays and under treatment at Civil Hospital Karachi; per learned counsel all the prosecution witnesses have deposed against the appellant before the learned trial Court had contradicted their own statement and belied the prosecution story as is stated in the statements recorded under section 161, Cr.P.C.; per learned counsel in light of evidences, discussion and the material available on record, appellant Arshad is also entitled for acquittal; per learned counsel the judgment delivered by learned trial Court may be set aside and appeal of the appellant may be allowed.
9. Mr., Muhammad Javed K.K., Assistant Attorney General for Pakistan contended in both the captioned Criminal Appeals that appellants have been rightly convicted by the learned trial Court; per learned AAG the learned lower Court below while appreciating the entire evidences so brought on record had pronounced valid and sound reasoning judgment; per learned AAG the judgment of the learned lower court did not require any interference by this Court because there remains nothing in doubt over the guilt of the appellants; per learned AAG appellants are in the habit to defraud and cheat the innocent peoples of Islamic Republic of Pakistan; per learned AAG there is sufficient material available with the prosecution which ultimately connect both the appellants with the commission of offence; per learned AAG the appeal of the appellants may be dismissed and the judgment delivered by the learned trial Court may be upheld.
10.Heard and record perused.
11.It is now by settled provisions of criminal law that this Court has to reappraise the entire evidence for safe administration of justice. I would like to introduce examination-in-chief of the PW-1 Muhammad Raiz who deposed as follows:-- "He went at the house of accused Siddique and met him, who informed that, there are some jobs in Saudi Arabia and demanded Rs,2,60,000/-. He paid Rs,2,60,000/- to accused Siddique in installments and also gave him his passport. After arrest of accused Rashid he gave him cheque amounting to Rs,2,60,000/". I deposited the said cheque in the concerned Bank which was dishonored.
PW-2 Akbar Hussain deposed in the examination-in-chief as follows:- "accused Siddique was living in the same locality, accused Siddique is in the business of sending people abroad; accused Siddique demanded. Rs,2,60,000/- for the post of driver at Saudi Arabia. He paid Rs,2,60,000/- to accused. On 17-02-2014 accused handed over to him his passport with visa which he got checked from the traveller who stated that visa on the passport is fake"
PW-3 Zaheer Bux deposed in the examination-in-chief as follows:-- "accused Siddique demanded Rs,200, 000/- sending him to Saudi Arabia for the post of driver; he paid the amount to accused Siddique in installments and also handed over his passport to him"
PW-4 Lal Muhammad deposed in the examination-in-chief as follows:- "He has paid Rs,200, 000/- to accused Siddique and it was decided that remaining amount of Rs,50,000/- would be paid on his reached at Saudi Arabia. He paid Rs,200,000/- to accused Siddique in installments. He also handed over his passport and CNIC to accused Siddique"
PW-5 Akbar Ali deposed in the examination-in-chief as follows:-- "On 26-02-2014 he along with Assistant Director Zaighum Shakho, Inspector Shahbaz All Shah and 1.0/Inspector Zubair Ghumman have conducted raid at Shop No,55 situated in Ground Floor, Panorama Centre, Saddar, Karachi and during raid 14 to 15 passports, 4 to 5 CNICs, Registration Book of Vehicle and One Mobile Phone etc were recovered and such memo was prepared.
PW-6 Syed Shahbaz Ali Shah deposed in examination-in-chief as follows:- "On 26.02.2014 an information was received by I.O. Inspector Zubair Ghumman that an agent namely Rashid is illegal overseas employment promoter and is running his office at Panorama Centre, Saddar, Karachi and, as such, a team was constituted head by Assistant Director Zaigham Sheko consisting upon himself, Inspector Zubair Ghumman and they reached at the same office and recovered 15 passports, 3 CNICs and one Nokia Mobile Phone during raid.
Accused Rashid was present there and was busy in dealing with the persons present there, as such, seizure memo was prepared on the spot written by Munshi Zeeshan under the dictation of Inspector Zubair Ghumman. He acted as mashir of recovery of articles"
PW-7 Muhammad Zubair Ghumman, Investigation Officer deposed in his examination-in-chief as follows:-- "On 26-02-2014 he was present at his office situated at Saddar, Karachi, when he received an information that, one person namely Rashid is running the business of illegal overseas employment promoter and, as such, a team was constituted consisting upon Inspector Shahbaz All Shah, Assistant Driector Zaigham Sheko, SI Akbar, SI Shakeel and they raided the office of accused Rashid situated at Panorama Centre, Saddar, Karachi where accused was present and they recovered 15 passports, 3 CNICs, registration book and one Nokia Mobile Phone of accused and such memo was prepared. He saw seizure memo at Ex.6/A and admitted his signature on it. Thereafter accused and case property was taken to PS FIA."
It would be better to reproduce herein below the spirit of Section 22 of Emigration Ordinance, 1979.
22. Receiving money, etc., for providing foreign employment.---Whoever for providing or securing, or on the pretext of providing or securing, to or for any person employment in any country beyond the limits of Pakistan,---
(a) being an, Overseas Employment Promoter, charges any fee in addition to the prescribed amount, or
(b) not being, such a Promoter, demands or receives, or attempts to receive, for himself or for any other person, any money or other valuable thing. shall be punishable with imprisonment for a term which may extend to fourteen years, or with fine, or with both.
12.By referring the above settled provision of Law as well as by reproducing and reappraising examination in chief and the cross-examination of the respective witnesses ("supra"). It has been surfaced that amount as is given by the Prosecution Witnesses is in the field; against whom cheques have been issued by the appellants returned dishonored by the Banker of the innocent peoples i,e, Prosecution Witnesses; the issuance of Cheuqes is not disputed as alleged; the business of the appellant Rashid as was running at Panorama Centre, Saddar Karachi is not disputed even dealing of passport, visas for employment abroad. Appellant Muhammad A Siddique after receiving alleged amounts paid the same to accused Rashid, At the spot, when recovery was made as alleged the CNICs and passports of prosecution witnesses have also been recovered from the office of appellants. In the cross-examination nothing worth has come on record to extend any benefit of doubt in favour of the appellants perhaps the alleged amount and the exchange of cheques as well as documents as alleged have been recovered from the office of appellants situated as office No, 55, Panorama Centre, Ground Floor, Fatima Jinnah Road, Saddar, Karachi having board under the name and style of "M/S AFROZE TRAVEL", have fully established the guilt of the appellants.
13.To shift the smoke over screen while intercepting entire prosecution evidences, it has been found that there is corroborative, reliable, tangible, direct trustworthy evidence available with the prosecution which would connects the appellant with the commission of alleged offence; where evidence of said witness itself is trustworthy, confidence-inspiring and consistent to establish accusation against the appellants and was totally discussed by the learned lower Court Judge and secure conviction on the basis of reliable evidences, however; no adverse inference could be drawn by this court to set aside the impugned Judgment because appellants have rightly been sentenced and convicted by the learned trial Court. Be that as it may, the learned trial Court has awarded lesser punishment up to five years coupled with fine even otherwise punishment provided thereunder is fourteen years. Apart from above, appellant Rashid examined himself as is provided under section 340(2), Cr.P.C. but nothing worth mentioning could be brought out, because appellant Rashid tried to improve and strengthen his plea but appellant failed to examined any defence witnesses to support his alleged version.
14. As discussed supra, there is nothing on record to set aside the impugned judgment, the judgment delivered by the learned trial Court is well reasoning after appraisal of the entire evidences so brought on record by the prosecution; therefore, the judgment of the learned trial Court needs no interference by this Court. The instant Criminal Appeals are dismissed. The appellant Muhammad Siddique is present in Court on bail, appellant is taken into custody and is remanded to jail custody to serve out the remaining sentence. Appellant Rashid is in jail; he is also directed to serve out the remaining portion of the sentence as is awarded to him by the learned trial Court in the impugned judgment.
These are the reasons of short order dated 18-01-2018.