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PLD 1991 Peshawar 91

MIRAN BAKHSH vs THE STATE

CitationPLD 1991 Peshawar 91
CourtPeshawar High Court
Case No.Criminal Miscellaneous Application No.107 of 1991
Date1991-03-20
Judge(s)Abdul Karim Khan Kundi
ResultBail refused

1. ' There were recovered 130 currency notes of the denomination of Rs.100 each from the possession of the accused-petitioner during his search on Kohat Road travelling in a bus coming from Darra Adam Khel that he was brought down from bus on suspicion and searched. The accused- petitioner does not dispute the recovery of currency notes but explains that the cash was delivered to him by his employer at Darra Adam Khel as his wages. Darra Adam Khel is the source place of forged/counterfeit currency notes and the accused-petitioner hailing from District Rawalpindi was found in possession of not one, two or few currency notes but 130 currency notes of Rs.100 denomination each totalling Rs.13,000 and thus prima facie he has been found involved in an offence of trafficking in forged/counterfeit currency notes knowing or having reasons to believe the same to be the forged or counterfeit, and the offence shall fall under section 489-B, P.P.C., punishable with imprisonment for life or imprisonment extending to 10 years and also fine. In the presence of apparent reasonable grounds for believing that he has been guilty of an offence punishable with imprisonment for life or imprisonment for 10 years his case shall be covered by the prohibitory clause contained in subsection (1) of section 497, Cr.P.C. And he would thus not be entitled to bail. His bail application is accordingly rejected. A grievance was shown that there has not been submitted a challan in the Court for trial after a lapse of 3 months period. The State is accordingly directed to submit a challan in the Court at the earliest to be followed by an expeditious trial.

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