' ALI HUSSAIN QAZILBASH, J.--These three petitions for leave to appeal arise from the judgment of a learned Division Bench of the Lahore High Court, dated 29-5-1988.
2. Abdur Rashid son of Muhammad Bashir (petitioner in Criminal Petition No,87-R of 1988), Muhammad Saeed son of Malik Abdul Hameed (petitioner in Criminal Petition No,286 of 1988) and Khalid Hussain son of Muhammad Ismail (petitioner in Criminal Petition No,287 of 1988), alongwith Muhammad Anwar, Muhammad Ashfaq and Muhammad Arshad, the acquitted accused, were charged for offences under sections 489-A, 489-B, 489-C, 489-D and 489-E, P.P.C. They were tried by the Special Court for Speedy Trials No,11, Lahore, and vide judgment dated 26-11-1987 were convicted under section 489-A, P.P.C. Khalid Hussain, Abdur Rashid, Muhammad Saeed and Muhammad Anwar were sentenced to undergo imprisonment for life and a fine of Rs,20,000 each or in default to two years' R.I. Muhammad Arshad and Muhammad Ashfaq were sentenced to seven years' R.I. And a fine of Rs,10,000 each or in default to one year's R.I. Khalid Hussain, Abdur Rashid, Muhammad Saeed and Muhammad Anwar were further convicted under section 489-D, P.P.C. And sentenced to imprisonment for life and a fine of Rs,20,000 each or in default to two years'
R.I. Muhammad Arshad and Muhammad Ashfaq were further convicted under section 489-D, P.P.C.
And each of them was sentenced to seven years' R.I. And a fine of Rs,10,000 or in default to one year's R.I. Khalid Hussain, Abdur Rashid and Muhammad Saeed were further convicted under section 489-C, P.P.C. And each of them was sentenced to seven years' R.I. And a fine of Rs,5,000 or in default to six months' R.I. The sentences of all the above accused were ordered to run concurrently. All of them were, however, acquitted of the charge under section 489-B, P.P.C. No separate order of conviction under section 489-E, was recorded as it merged in section 489-A, P.P.C. Muhammad Anwar, Muhammad Arshad and Muhammad Ashfaq accused were acquitted of the charge under section 489-C, P.P.C. Khalid Hussain, Abdur Rashid, Muhammad Saeed and Muhammad Anwar were ordered to undergo solitary confinement each by spending first six days of each month for three months.
3. The petitioners alongwith the acquitted accused, namely, Muhammad Arshad, Muhammad Anwar and Muhammad Ashfaq, filed appeals against their conviction and sentence in the High Court, where Muhammad Arshad, Muhammad Anwar and Muhammad Ashfaq, as per judgment of the High Court dated 29-5-1988, succeeded in securing the order of their acquittal but the petitioners' appeal was dismissed.
4. As per Report No,43 lodged by Muhammad Akram Inspector, S.H.O. P.S. Misri Shah, Lahore, at 6.45 p.m. On 12-1-1987, the allegations were that the complainant was present with some other police officials in an official car at Chowk Co-operative Store when Muhammad Attique, A.S.I. Informed him that some persons were counterfeiting currency notes in Shams Park. Pursuant to the information the police party raided a Solution Factory owned by Muhammad Anwar and Muhammad Arshad. They went to the basement of the said factory and found Muhammad Saeed, Khalid Hussain, Abdur Rashid petitioners counterfeiting currency notes. On the first floor of the basement a camera machine was found fitted but its operator Muhammad Ashfaq managed to escape. Muhammad Anwar and Muhammad Arshad also managed to escape at the time of the raid. Abdur Rashid, Muhammad Saeed and Khalid Hussain petitioners were, however, arrested at the spot.
5. The police party took into possession articles Exs.P.1 to P.28 which were allegedly being used for counterfeiting the currency. After making the above recoveries, murasla was drawn which was sent to Police Station Misri Shah for registration Of a case. The formal F.I.R. Ex.P.B/1 was recorded on 12-1- 1987 at 6-45 p.m.
6. The investigation was then entrusted to Muhammad Ishaq, Inspector C.I.A., who recorded the statements of witnesses on 20-1-1987 and took into possession documents Exs.PD/1-13 from Attique-ul-Haq vide memo Ex.P.D. Muhammad Nisar P.W.4 produced a document (Ex.P.C.) about the purchase and payment of camera lens which was taken into possession vide memo Ex.P.C/1.
On 20-1-1987 Muhammad Saeed petitioner in custody led the police party to his house and got recovered two bundles of notes of the denomination of Rs,2.00 each Exs.P.29/1-2 which were taken into possession vide memo Ex.P.E.
7. Khalid Hussain petitioner the same day led the police party to his house and got recovered six bundles of counterfeited currency notes Ex.P.30/1-6 from an iron-box which were secured vide memo Ex.P.F.
8. At the instance of Abdur Rashid petitioner, a bundle of currency notes of the denomination of Rs,2.00 each was recovered on 24-1-1987 as per memo Ex.P.G. All the notes, as per the report of the State Bank of Pakistan Ex.P.H. Were counterfeited currency notes. Out of the five dollars as per the report of the National Bank of Pakistan, one was genuine while the remaining four were counterfeited.
9. We have heard the learned counsel for the petitioners at considerable length and have gone through the record. Besides other points, it was strenuously urged by the learned counsel for the petitioners that in this case the provisions of section 103, Cr.P.C. Have been flagrantly violated and as such the trial has vitiated. We think the question raised is of general public importance and thus requires consideration. Leave is, therefore, granted to consider all the questions raised.