Pakistan Case Lawโ† Search
K.L.R. 1993 Criminal Cases 243

MUHAMMAD NASIR vs THE STATE

CitationK.L.R. 1993 Criminal Cases 243
CourtLahore High Court
Case No.Crl.Misc.No.2741-B of 1992
Date1992-12-16
Judge(s)Khalil-ur-Rehman Ramday
ResultN/A

ORDER

KHALIL UR REHMAN RAMDAY, J.- This order shall dispose of Crl. Misc.No.2707-B/92, 2741-B/92 and 2847-B/92 which have been filed, respectively, by Allah Dittah, Mohammad Nasir and Ali Sher petitioners, for their release on post arrest bail in case FIR No.119/92 dated 12.4.1992 of P.S. Saddar Gojra of District Toba Tek Singh.

2. Ashiq Ali ASI of CIA Staff at Gojra had lodged the said FIR stating therein that on a secret information received by him that Mohammad Sarwar, Ali 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 xxxxxxxxx xxxxxxxxxxxxxxxxx alongwith other police employ, raided and apprehended the said Mohammad 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 Mohammad Sarwar and commenced the investigation.

3. During the course of investigation, Ali Sher petitioner in Crl. Misc. No.2847-B/92 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 Ali 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 Crl. Misc.No.2707-B/92) 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 Crl.

Misc.No.2741-B/92) who was also apprehended on 26.5.1992.

4. As has been mentioned above, Allah Ditta of Lahore had been nominated by Mohammad Sarwar and Ali 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 Ali 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 Mohammad 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 I.O. By Mohammad Rafiq, Mohammad Nazir and Mohammad Aslam on 26.5.1992 and these persons also stated before the I.O. That the said Mohammad 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 Mohammad Nasir accused persons. Nevertheless, the statements of the witnesses before whom these was accused persons had made confessions as also the statements of Sarwar and Ali Sher accused are available on record to connect theses 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 Mohammad Sarwar and Ali 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.8300/- and Rs.9500/- had been recovered at the instance of Mohammad Sarwar and Ali 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, 1 find no reason to release the three petitioners on bail.

9. Crl. Misc.No.2707-B/92, Crl. Misc.No.2741-B/92 and Crl. Misc.No.2847-B/92 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 un-traced. 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.

11. 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 DIG of the Provincial Crimes Branch. The DIG shall obtain details of all such cases registered all over the province and to hold investigation of all such cases at his level.

12. The result of this instigation to be conducted by the DIG 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 DIG more than three months for its completion.

13. Mr. Zaeemul-Faruq Malik, the learned Assistant Advocate General shall convey this order to the Inspector General of Punjab Police for compliance.

For educational and research use only โ€” not legal advice. Verify against the official report before relying on it. See our Disclaimer.
DisclaimerยทPrivacyยทTermsยทSearch