' Instant writ petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 has been filed for the quashment of F.I.R., No,206 of 1999, dated 7-6-1999 under section 489-D, P.P.C., registered at Police Station New Town, Rawalpindi.
2. Briefly stated the facts are that on 7-6-1999 at about 6-00 p.m. The complainant Raja Muhammad Akram, I/S.H.O. P.S. New Town was present in Commercial Market Satellite Town, Rawalpindi when an informant broke him the news that a person had kept two machines for preparing forged currency notes and said machines are likely to be shifted to Lahore. He further stated that if raid is effected, the said machines can be got recovered. Accordingly he constituted a raiding party and made for the said place and found two machines in the house of Javed Iqbal.
He was further informed by Javed Iqbal that said machines belonged to Malik Mumtaz Ahmad and who had asked him (Javed Iqbal) to dispose of the same. After the recovery of said machines the instant F.I.R. Under section 489-C, P.P.C., was lodged.
3. The petitioner has sought the quashment of said F.I.R., through the instant petition. Accordingly comments of respondent No,1 were called which have been brought on record and perused.
4. Arguments have been heard and record perused.
5. Contention of the learned counsel for the petitioner is that even if contents of F.I.R., are admitted as correct no case under section 489-C or 489-D, P.P.C., is made out against the present petitioner as such lodging of F.I.R. Amounts to misuse of process of law. He further contends that according to evidence collected so far, it has come on record that Malik Mumtaz Ahmad/petitioner is the owner of said printing machines who had asked Javed Iqbal to dispose of the same. He submits that as per evidence collected by the investigating agency it has been found that Javed Iqbal had purchased these two machines and thereafter, had disposed of the same to Waheed, that Waheed applied for Superdari of the said machines and has been granted the same vide order, dated 22- 7-1999. He further contends that even if it is assumed that these machines belonged to the petitioner even then no offence under section 489-C or 489-D, P.P.C., is made out against the present petitioner and he can only be prosecuted under West Pakistan Printing and Publication Ordinance, 1963 and that too, if some offence under the said ordinance has been committed by the present petitioner. He has also argued that had any material connecting with the preparation of forged currency notes been recovered from the place of recovery of said printing machines even then it could be presumed that the machines had been installed for the said purpose.
Admittedly no material whatsoever required for the preparation of forged/fake currency was recovered/taken into possession from the place of recovery of the machines. All these facts, he submitted, if taken into consideration, no offence under section 489-C or 489-D, P.P.C., is made out against the accused/petitioner, as such the proceedings emanating from the said F.I.R. No,206 of 1999, dated 7-6-1999 may be quashed. In support of his contention he has relied upon Muhammad Haroon and another v. Federation of Pakistan and others (1991 M LD 397).
6. Conversely the stand of the learned Assistant Advocate-General is that as investigation is still in progress and challan has not been submitted so proceedings cannot be quashed.
7. A perusal of the contents of F.I.R., reveals that two printing machines have been recovered from the house of Javed Iqbal on the pointation of Ishtiaq Ahmad who was asked by Malik Mumtaz Ahmad/present petitioner to dispose of the same. As a result of subsequent investigation it has been found that the said machines were purchased by Javed Iqbal and had been disposed of to one Waheed. It is also fact that said Waheed had applied for the Superdari of the said machines and had succeeded in obtaining the same on Superdari from the trial Court, as is evident from order, dated 22-7-1999.
8. So far as the question of commission of offence under section 489-C or 489-D, P.P.C., is concerned, the ingredients of the said offence are absolutely missing in the instant case. The said machines have neither been found to be used for preparing forged/counterfeit currency notes or bank notes, nor forged/counterfeit or bank notes were found at the time of alleged raid. The provisions of section 489-C, P.P.C., come into being when any person is found in possession of any counterfeit note or bank note and similarly offence under section 489-D, P.P.C., is made out if it is found that some body has made or performed any part in the process of making or buying or selling or disposing of any instrument or material forging or counterfeiting currency notes or bank notes. None of the ingredients stated in sections 489-C and 489-D, P.P.C. Is made out from the evidence so far collected by the Investigating Agency. Thus, to allow the continuation of the proceedings in the instant case amounts to abuse of process of law.
9. The upshot of above discussion is that writ is accepted and F.I.R. No,206 of 1999, dated 7-6-1999 referred above is quashed to the extent of Malik Mumtaz Ahmad/accused/petitioner only.