Appellant Nadeem Akhtar, while sitting in Bogi No, 13 of Train 2/DN Khyber Mail at Peshawar Railway Station, was searched on suspicion, and found in possession of 20 forged currency notes of Rs, 1000/- denomination each, 200 grams opium and 50 grams chars which he had concealed in his Chappals (shoes). After this recovery, case vide FIR No, 131, dated 7-11-2006, under Sections 9(b)
CNSA, read with Section 489(B&C) PPC, was registered against the appellant in Railways Police Station, Peshawar Cantt.
2. On completion of investigation, challan under Section 489-B & C PPC was sent against the appellant to the Court of learned Additional Sessions Judge, Peshawar, where appellant was charged and statements of PWs Ghulam Rasool, Senior Assistant Currency Officer, Muhammad Anwarullah SI, Lal Shah HC, Zarif Khan Constable and Muhammad Sarwar Khan SI, were recorded.
The appellant was also examined under Section 342 Cr.P.C., and convicted and sentenced to five years R.I. under Section 489-B PPC and to two years R.I. with fine of Rs, 5000/- or in default, to one month S.I., under Section 489-C PPC, vide judgment dated 23-10-2007. The benefit of Section 382-B Cr.P.C. was extended to the appellant, and the sentences were directed to run concurrently.
3. Having felt aggrieved, appellant preferred the instant appeal to this Court on different grounds.
4. I have heard the father of the appellant in person, and the learned counsel for the State, and perused the written arguments furnished by the father of the appellant. It was contended that the fake currency notes were not recovered from the possession of the appellant, and similarly, the knowledge of appellant, in this regard, was not established. Reliance was placed on 2000 P.Cr.L.J- 1441, 1993-P.Cr.L.J.- 1909, 1988-P.Cr.L.J.-1553. Similarly, it was pleaded that the Certificate, issued by he Currency Officer of the State Bank of Pakistan, was not proved in accordance with law, and that the sentence did not commensurate with the nature of offence. In this regard reliance was placed on 2004 P.Cr.L.J. 743 and 2006-P.Cr.L.J.-1431.
5. On the contrary, learned counsel for the State asserted that the appellant was found transporting narcotics, and forged currency from Peshawar to Punjab in a train. He was arrested red handed, and the prosecution produced evidence of the required standards against the appellant, which was relied properly.
6. The perusal of evidence would make it crystal clear that the appellant was arrested in a Punjab bound train, and the forged currency notes were recovered from his Chappals, meaning thereby that he knew the currency notes to be forged. The statements of the prosecution witnesses in this regard were consistent and, except to the extent of some minor inconsistencies, they were not shattered in the cross-examination. Thus the appellant was rightly convicted, and as regards the case law referred to above, relied by the appellant, the position and appreciation of evidence was distinguishable. However, the sentence was not recorded in accordance with the established principles, because the appellant is first offender. Moreover, the mandatory provisions of Section 489-B PPC, regarding imposition of fine were ignored, as the appellant was sentenced to 5 years R.I. only, under the said Section of law. Thus keeping in view the facts and circumstances of the case, the sentence of imprisonment awarded to the appellant under Section 489-B PPC is reduced from 5 years to 2 years R.I., with a fine of Rs, 5000/-, or in default of payment of fine to one month S.I., while sentence of imprisonment recorded under Section 489-C PPC is maintained whereas the fine imposed,by the trial Court stands set aside. The benefit of Section 382-B Cr.P.0 shall remain intact, and the sentences shall run concurrently.
The appeal is partially allowed in the above terms.