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Petitioner: SIKANDAR HAYAT VS Respondent: TIE STATEHonorable Justice Ijaz-ul-Hassan KhanSanaullah Khan Gandapur,Muhammad Sharif Chaudhry
2004 P Cr
2004 P Cr. L J 1655
[Peshawar]
Before Ijaz-ul-Hassan Khan, J
SIKANDAR HAYAT---Petitioner
Versus
TIE STATE---Respondent
Cr: Rev. No. 17 of 2004, decided on 28th June, 2004.
Passports Act (XX of 1974)---
----Ss. 2 & 6---Criminal Procedure Code (V of 1898), S. 439-- Appreciation of evidence--Allegation against accused persons was that 551 blank passports were rec6vered from their possession---" Passport" as per provisions of S.2 of Passports Act, 1 974, means a passport which for the time-being was valid and included any such permit or other travel document authorizing holder thereof to travel from Pakistan to any other country, issued by or under the authority of Federal Government---Five hundred and fifty one blank booklets (Passports) were recovered from the box lying in the motor-car and it was not clear as to whether the box belonged to the accused or driver of the car who succeeded to run away from the spot; even if it was attributed to the accused, whether blank passports recovered from accused would come within the definition of "passport" or not---Blank booklets, held, would not come within the definition of "passport" ---Mere possession of blank passports would not constitute a penal offence---Mere possession of blank copies of passport without any overt act would not give rise to any presumption of guilt against the accused---Evidence on record totally belied prosecution version which was full of doubts and missing links of material facts Co accused who ran away from the spot and was arrested subsequently had been extended benefit of doubt and acquitted of the charge, whereas same set of evidence had been und sufficient to form basis of conviction of accused---High Court accepting revision, set aside judgment passed by Trial Court and acquitted the accused of the charge levelled against him.
Sanaullah Khan Gandapur for Petitioner.
Muhammad Sharif Chaudhry, D.A.-G. for the State.
Date of hearing; 10th June, 2004.