1. ' The appellant was convicted by the learned Vth Additional Sessions Judge, Karachi (South) in a case under section 489-C, P.P.C. And sentenced to suffer R.I. For three years and to pay fine of Rs,10,000. In default of payment of fine he was ordered to suffer simple imprisonment for three months more. The appellant was given benefit of section 382-B, Cr.P.C. By the trial Court. The case arose out of the F.I.R. No,5 of 1997 of Police Station Frere Karachi (South).
2. ' The brief facts of the prosecution case as disclosed in the F.I.R. Lodged by the complainant A.S.-I.
3. Abdul Khalique of Police Station Frere, Karachi South are that while investigating the pending case, he received spy information that two persons are dealing in forged Pakistani currency notes near Metropole Hotel, Karachi. On receiving such information, the complainant reached Metropole Hotel at about 12-45 p.m. On the pointation of spy, the complainant signaled the two persons to stop who were going towards the gate of Metropole Hotel. Upon this one person snatched an envelope from the appellant and decamped, whereas the appellant was apprehended. The appellant disclosed his name as Azmat Khan. His personal search was taken in presence of P.C. Muhammad Saleem and P.C. Asghar Shah and 17 forged Pakistani Currency Notes of Rs,1,000 denomination were recovered from his possession alongwith a red colour purse containing Rs,25 and a service card under memo. Of recovery. The appellant was brought at the police station, where the F.I.R.
4. Was lodged. After usual investigation the appellant was sent up to stand the trial. The trial Court framed the following charge against the appellant:-- "Charge ' I, Khan Pervez Chang, Vth Additional Sessions Judge South Karachi, do hereby charge upon; Azmat Khan son of Feroz Khan as under:-- ' That on 8-1-1997 at about 12-45 p.m. Near main gate of Hotel Metropole Karachi, a police party headed by A.S.-I. Abdul Khalique of Frere Police Station apprehended you in suspicious condition and recovered from the pocket of co-accused you paint 17 fake currency notes of Rs,1,000 each knowing to be forged which you have obtained from absconding accused Khalid Mehmood son of Shafi Muhammad and, thus, thereby you have committed an offence punishable under section 489-B, P.P.C. Within the cognizance of this Court.
5. 'And I hereby direct that you be tried by me on the abovsaid charge."
6. ' The appellant pleaded not guilty to the charge and claimed to be tried.
7. ' The prosecution in support of its case, examined P.W.1 Syed Akhtar Hussain Shah, Exh.9 who produced the Mashirnama of the arrest and recovery as Exh.10, P.W.2 Muhammad Saleem Exh.l1, P.W.3 complainant/ Investigating Officer Abdul Khaliq Exh.12. He produced the F.I.R. As Exh.13, report of Deputy Currency Officer, State Bank of Pakistan Issue Department Exh.14. The prosecution closed its side by statement Exh.15.
8. ' The statement of appellant under section 342, Cr.P.C. Was recorded by the trial Court wherein he denied the prosecution case. The appellant did not examine himself under section 340(2), Cr.P.C. In disproof of the charge nor he led any defence.
9. ' I have heard Mr. B.K. Tariq assisted by Mr. Abdul Latif Shaikh, learned counsel for the appellant and Mr. Habibur Rasheed learned counsel on behalf of the Advocate-General for the State. The latter does not support the impugned judgment.
10. ' The perusal of evidence adduced by the prosecution shows that appellant was found in possession of counterfeit currency notes. The essential ingredients for constituting an offence under section 489-C, P.P.C. Are that prosecution has to prove that the currency notes recovered from the possession of appellant were forged or counterfeit and that he intended to use them as genuine or that they might be used as genuine. It is well-settled that prosecution is not absolved from proving its case beyond any shadow of doubt, even if burden is shifted upon the accused. The police official is not expert to give opinion with regard to the genuineness or otherwise of any currency notes. It is the only expert who can say or give any opinion in that context. In the case in hand the Deputy Currency Officer of State Bank of Pakistan who issued certificate was not examined by the prdsecution to substantiate the charge. The certificate issued by him was not immuned under section 510, Cr.P.C. Mere possession of forged currency notes is no offence. Thus, the prosecution miserably failed to prove the charge against the appellant. In this context I am fortified by the decision in case of Muhammad Asghar v. The State reported in 1993 PCr.LJ 1909, Shafique Sajid v. The State reported in 1988 PCr.LJ 1553 and Ali Asghar v. The State reported 1992 PCr.LJ 1913. There are also numerous glaring contradictions, improvements and material omissions in the evidence of the prosecution witnesses. Since prosecution failed to prove charge against the appellant .On broad facts, it will be futile to discuss the same. Consequently, the appeal is allowed and the conviction and sentence awarded to the appellant by the trial Court is set aside. He may be released forthwith if not required in any other case.