Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497(2) & 103---Penal Code (XLV of 1860), Ss. 489-A, 489-B & 489-C---Counterfeiting bank-notes or currency-notes, using as genuine, forged or counterfeit currency-notes or bank-notes, possession of forged or counterfeit currency-notes or bank-notes---Bail, grant of---Further inquiry---Non-association of private witnesses in a thickly-populated area---Use of counterfeit notes not alleged---Effect---Accused was alleged to be in possession of counterfeit currency notes and chemical used for preparation of forged notes---Contentions of the accused were that police had prior information and conducted raid in broad daylight in a thickly-populated area but no person from the public was joined as mashir; that nothing was brought on record to show that counterfeit currency notes were used for buying or selling; that applicability of Ss.489-A, 489-B and 489-C, P.P.C, could be determined at the trial---Validity---Complainant (police) had advance information regarding the offence and as per F.I.R. raid was conducted in a thickly populated area but no witnesses of the locality accompanied the police---Requirement of S. 103, Cr.P.C, had not been complied with---No allegation of any sort existed against the accused that he used the counterfeit notes before any person---Chemical recovered from the place of incident had not been sent to any laboratory to ascertain whether same could be used preparing counterfeit currency---Mere possession of counterfeit currency did not constitute an offence under sections 489-A, 489-B or 489-C, P.P.C, and it was yet to be seen at trial whether alleged offence came within the said sections---Involvement of accused in the offence required further inquiry---Accused was admitted to bail, in circumstances. Muhammad Naeem v. The State 2012 YLR 1228 and Sawab Khan v. The State 1995 PCr.LJ 1351 rel. Muhammad Sajjad v. The State 1996 PCr.LJ 815 and Zafar Iqbal v. The State 2000 PCr.LJ 834 ref. ORDER ABDUL RASOOL MEMON, J.---By this order, I would like to dispose of an application under section 497, Cr.P.C. filed on behalf of accused Abdul Nabi who is booked in Crime No. 25/2012 Police Station,…

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