Law: Penal Code (XLV of 1860)

Section: 489-C

Penal Code (XLV of 1860)---.--- ---.---S. 489-C---.---Appreciation of evidence---.---Police Officers despite having spy information had failed to associate independent persons of the locality with search proceedings violating mandatory provisions of S.103, Cr.P.C.---.---Prosecution had not proved on record that the accused had been arrested with forged currency notes and that they had the knowledge of the currency being forged---.---Basic requirement of S.489-C, P.P.C., thus, was not fulfilled by prosecution---.---Mere possession of forged currency notes was no offence, knowledge that the same were forged as well as the intention to use them, were necessary to bring home charge against the accused---.---Trial Court had not applied its judicial mind in arriving at the conclusion---.---Impugned was based on mere surmises and not on the evidence brought on record---.---Accused were acquitted in circumstances. THIS JUDGMENT DELIVERED BY: MAQBOOL AHMED AWAN, JUSTICE:---.--- I intend to dispose of the two Criminal Appeals viz. 250 of 2006 filed by Muhammad Aslam and 259 of 2006 filed by Muhammad Shahid, who have impugned the same judgment dated 29-5-2006, whereby they were convicted under section 489-C, P.P.C. and were sentenced to R.I. for 7 years each and to pay a fine of Rs.1,00,000 each in default they will suffer imprisonment of simple nature for three months. Both the appellants had been given the benefit of section 382-B, Cr.P.C. On 30-8-2003, S.I./S.H.O. Muhammad Rashid, the complainant lodged the F.I.R. at Police Station Eidgah, Karachi, stating therein that, he along with his staff was busy in patrolling, he received spy information about the presence of three persons at corner of Phoolwaligali of M.A. Jinnah Road, Karachi, having forged Indian currency. On this, at 2130 houRs. he with his staff reached and on the pointation of spy, apprehended them with Khaki envelopes in their hands. On checking in presence of Mashirs A.S.I. Muhammad Haroon and A.S.I. Shakir Hussain, from the envelope of Muhammad Shahid three packets of forged Indian Currency containing 100 notes of 1000 in each packet, total amounting to Rs.3,00,000, were recovered. From the envelope of…

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