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1993 P Cr. L J 212

Mt JHAMMAD NASIR vs THE STATE

Citation1993 P Cr. L J 212
CourtLahore High Court
Case No.Cr. Misc. No,2741/B of 1992
Date1992-11-16
Judge(s)Khalil-ur-Rehman Ramday
ResultBail refused

ORDER

' This order shall dispose of Criminal Miscellaneous Nos.2707/B of 1992, 2741/B of 1992 and 2847/B of 1992 which have been filed, respectively, by Allah Ditta, Muhammad Nasir and All Sher petitioners, for their release on post arrest bail in case F.I.R. No,119/92 dated 12-4-1992 of Police Station Saddar Gojra of District Toba Tek Singh.

2. Ashiq Ali, A.S.I. Of C.IA. Staff at Gojra had lodged the said F.I.R. Stating therein that on a secret information received by him that Muhammad Sarwar, All Sher and Khalid of Chak No,372-GB were in possession of counterfeit currency notes of the denomination of Rs,100 and were using the same, he alongwith other police employees, raided and apprehended the said Muhammad Sarwar who, as a result of the interrogation, led to the recovery of 83 currency notes of Rs,100 and that he had arrested the said Muhammad Sarwar and commenced the investigation.

3. During the course of investigation, All Sher petitioner in Criminal Miscellaneous No,2847/B of 1992 was also arrested on 6-5-1992 and 95 currency notes of the denomination of Rs,100 each were recovered at his instance. While under interrogation, the said Sarwar and All Sher accused had disclosed that they used to receive the said currency notes from one Allah Ditta who was a resident of Lahore (petitioner in Criminal Miscellaneous No,2707/B of 1992) who was also consequently arrested on 10-5-1992 and who, in turn, disclosed that he used to receive this counterfeit currency from one Nasir (petitioner in Criminal Miscellaneous No,2741/B of 1992) who was also apprehended on 26-5-1992.

4. As has been mentioned above, Allah Ditta of Lahore had been nominated by Muhammad Sarwar and All Sher accused persons as the one who had supplied the currency notes in question to them.

In view of the efforts which were being made by the I.O. To track down the said Allah Ditta, the said Allah Ditta approached Anwar Ali and Rashid Ahmad of Gojra and Faisalabad respectively for assistance after confessing to them about his involvement in the receipt, trafficking and use of counterfeit currency notes. The said Anwar All and Rashid Ahmad then produced the said Allah Ditta before the I.O. When he was taken into custody.

5. The I.O. Had been conducting raids and making efforts to apprehend the above-said Muhammad Nasir accused who had been nominated by Sarwar Ali, Ali Sher and Allah Ditta accused persons as the source of the currency notes in question. He was not traceable and finally he was produced before the 1.0. By Muhammad Rafiq, Muhammad Nazir and Muhammad Aslam on 26-5-1992 and these persons also stated before the 1.0. That the said Muhammad Nasir had confessed his guilt before them and had sought their help to get pardon from the police authorities.

6. No recovery of counterfeit currency could however be made from Allah Ditta and Muhammad Nasir accused persons. Nevertheless, the statements of the witnesses before whom these two accused persons had made confessions as also the statements of Sarwar and All Sher accused are available on record to connect these accused persons with the commission of the offence in question. Both of them are residents of Lahore and they have not been able to offer any explanation why Muhammad Sarwar and All Sher of District Toba Tek Singh should have falsely nominated these two persons as being the source of the counterfeit currency.

7. Counterfeit currency notes amounting to Rs,8,300 and Rs,9,500 had been recovered at the instance of Muhammad Sarwar and All Sher accused persons and nothing exists on record, at least for the present, to indicate that this counterfeit currency had been falsely planted on these two accused persons.

8. Consequently, I find no reason to release the three petitioners on bail.

9. Criminal Miscellanoues No,2707/B of 1992, Criminal Miscellaneous No,2741/B of 1992 and Criminal MiscellaneOus No,2847/B of 1992 are, therefore, dismissed.

10. But before I part with this order, I must bring on record that this is not the first case of use and trafficking of counterfeit currency that has come to my notice. In all such cases which came before me including the present one, a few currency notes are recovered from the persons who were apprehended but the real source is left untraced. The investigation in such like cases thus appears to be lacking in competence and pursuit. Needless to say that spreading of counterfeit currency in any country is an act which could be fatal to any economy and which could thus result in destruction of a society. More serious efforts need to be made by the investigating agencies to take stock of such like activities.

14. The investigation in the present case is complete. However, I feel compelled to direct the Inspector-General of Punjab Police to cause further investigation in this matter and entrust the investigation to the D.I.-G. Of the rovincial Crimes Branch. The D.I.-G. Shall obtain details of all such cases egistered all over the Province and to hold investigation of all such cases at his evel.

12. The result of this investigation to be conducted by the D.I.-G. Of Provincial Crimes Branch shall be intimated to the Registrar of this Court for the information of this Bench. This exercise should not take the D.I.-G. More than three months for its completion.

13. Mr. Zaeemul Farooq Malik, the learned Assistant Advocate-General ;hall convey this order to the Inspector-General of Punjab Police for :ompliance. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.

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