1. ' SYED MAHMOOD ALAM RIZVI, J.---The applicant Ali Raza has impugned the order dated 30-4-2008 passed by the learned 1st Additional Sessions Judge (Malir) in Sessions Case No,509/07 of Crime No,17/05, registered at Police Station F.I.A. Crime Circle, under sections 489-A,B & C, P.P.C, where the bail application of the applicant was turned down.
2. ' Precisely, the facts of the case as depicted in the F.I.R. Are that on 30-10-2007 Sqr. Ldr. Rao Abdul Aleem (Retd.) Manager, Safety and Security TCS (Pvt.) Ltd., Karachi informed that his staff had recovered 75 counterfeit notes of Saudi Riyal of 500 denomination each which total worth of SR 37,500.00 from a Shipment bearing No,500127505 dated 24-9-2007, during its examination at TCS Head Office terminal II, Karachi. The said shipment was purportedly booked by one Ali Raza, Calass Goraya Narowal for Saudi Arabia in favour of one Muhammad Khan of Bareed Ali Qaseem, P.O. Box No,3862, Saudi Arabia. The shipment which was packed in a box reportedly contained one gent suit and one pair of shoes with Eid Cards and the counterfeit Saudi Riyal were concealed inside the shoes.
3. ' That after registration of the F.I.R. Police investigated the case and submitted challan before the trial Court under section 512, Cr.P.C. Against Ali Raza, the applicant and Muhammad Khan.
4. Subsequently, the accused was arrested and during interrogation he said to have admitted that his uncle namely Ghulam Mustafa had given him a parcel to despatch from TCS Office Narowal, as the uncle of the applicant is working in Saudi Arabia.
5. ' Learned counsel for the applicant, inter alia, contended that the applicant has not committed any offence as he had no knowledge that the counterfeit Saudi Riyals were concealed in the parcel which was handed over to the applicant by his uncle namely Ghulam Mustafa. He further submitted that the applicant is a student and never been involved in any criminal offence and from the contents of the F.I.R., prima facie, case fails under section 484-C/P.P.C. Which is bailable.
6. ' Mr. Imran Ahmed, learned counsel DAG has conceded the above facts ' Heard both the learned counsel and perused the record. The F.I.R. Registered under section 489-A, B and ,C /109, P.P.C. And the bail application was dismissed by the learned trial Court keeping in view that section 489-A and B are punishable for ten years. For ready reference relevant sections are mentioned as under.-- "489-A. Counterfeiting currency-notes or bank-notes. Whoever counterfeits, or knowingly performs any part of the process of counterfeiting any currency-note or bank-note, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
7. "489-B. Using as genuine, forged or counterfeit currency-notes or bank-notes. Whoever sells to, or receives from, any other person, or otherwise traffics in or uses as genuine, any forged or counterfeit currency note or bank-note, knowing or having reason to believe the same to be forged or counterfeit, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.'
8. "489-C. Possession of forged on counterfeit currency-notes or bank- notes. Whoever has in his possession any forged or counterfeit currency-note or banknote, knowing or having reason to believe the same to be forged or counterfeit and intending to use the same as genuine or that it may be used as genuine, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both."
9. ' This is a prosecution case that the currency notes were recovered from the parcel was being sent to Saudi Arabia and were concealed in the shoes and further the investigation report also suggests that the uncle namely Ghulam Mustafa directed the accused/applicant to dispatch the parcel to Saudi Arabia through TCS, therefore, the prosecution even has invoked section 109, P.P.C. And the ingredients of section 489-A and B are not applicable against the applicant in this case as no evidence has been collected by the prosecution to show that either the accused / applicant counterfeiting the currency notes or using the same. Even the prosecution has failed to prove that the applicant had conscious knowledge that the counterfeited Saudi Riyals were lying in the parcel, hence the maximum case is made out regarding the constructive possession of the currency notes which falls under section "489-C" is punishable with the imprisonment of either description for a term which may extend to seven years or with fine or with both and further the same is bailable. It seems that the point raised by the learned counsel for the applicant is correct, hence learned DAG has also rightly conceded on the legal issue.
10. ' I am inclined to grant bail to the applicant, hence bail is granted to the applicant/accused Ali Raza subject to furnishing surety in the sum of Rs, 200,000 and PR bond in the like amount to the satisfaction of the trial Court. These are the reasons of short order dated 26-5-2008.