NADEEM AKHTAR vs THE STATE
This criminal appeal arises from the conviction and sentencing of the appellant under sections 489-B and 489-C of the Pakistan Penal Code 1860 for possessing forged currency notes recovered from his footwear during a search at a railway station. The core legal question concerned whether the prosecution successfully established the appellant's conscious possession and knowledge of the forged currency notes, and whether the trial court properly appreciated the evidence and administered the sentences. The Peshawar High Court held that the prosecution witnesses remained consistent and the recovery proved the appellant's knowledge of the forged nature of the currency, thereby upholding the conviction. However, considering that the appellant was a first offender and the trial court omitted the mandatory fine under section 489-B, the court partially allowed the appeal by reducing the substantive term of imprisonment under section 489-B while adjusting the fine, and maintaining the sentence under section 489-C with the benefit of section 382-B of the Code of Criminal Procedure 1898 applied concurrently. The key principle laid down is that recovery of forged currency from hidden personal effects like shoes sufficiently establishes guilty knowledge when corroborated by consistent prosecution testimony, and appellate courts may modify sentences of first offenders to align with statutory requirements.
- Whether the recovery of forged currency notes from the personal concealment of an accused sufficiently establishes his knowledge under section 489-B of the Pakistan Penal Code 1860?
- Can an appellate court reduce the sentence of imprisonment for a first offender convicted of possessing counterfeit currency?
- Whether the omission of a mandatory fine under section 489-B of the Pakistan Penal Code 1860 by the trial court can be rectified on appeal?
- Section 9(b), Control of Narcotic Substances Act 1997
- Section 489-B, Pakistan Penal Code 1860
- Section 489-C, Pakistan Penal Code 1860
- Section 342, Code of Criminal Procedure 1898
- Section 382-B, Code of Criminal Procedure 1898
' SYED MUSADIQ HUSSAIN GILANI, J.--- Appellant Nadeem Akhtar, while sitting in Bogi No,13 of Train 2/DN, Khyber Mail at Peshawar Railway Station, was searched on suspicion, and found in possession of 20 forged currency notes of Rs,1000 denomination each 200 grams opium and 50 grams Charas which he had concealed in his Chappals (shoes). After this recovery, case vide F.I.R.
No,131, dated 7-11-2006, under section 9(b), C.N.S.A., read with sections 489-B and 489-C, P.P.C., was registered against the appellant in Railways Police Station, Peshawar Cantt.
2. On completion of investigation, challan under sections 489-B and 489-C, P.P.C. Was sent against the appellant to the Court of learned Additional Sessions Judge, Peshawar, where appellant was charged and statements of P. Ws. Ghulam Rasool, Senior Assistant Currency Officer, Muhammad Anwarullah, S.-I., Lal Shah H.C., Zarif Khan, Constable and Muhammad Sarwar Khan, S.-I., were recorded. The appellant was also examined under section 342, Cr.P.C., and convicted and sentenced to five years' R.I. Under section 489-B, P.P.C. And to two years' R.I., with fine of Rs,5,000 or in default, to one month's S.I., under section 489-C, P.P.C., vide judgment dated 23-10-2007. The benefit of section 382-B, Cr.P.C. Was extended to the appellant, and the sentences were directed to run concurrently.
3. Having felt aggrieved, appellant preferred the instant appeal to this Court on different grounds.
4. I have heard the father of the appellant in person, and the learned counsel for the State, and perused the written arguments furnished by the father of the appellant. It was contended that the fake currency notes were not recovered from the possession of the appellant, and similarly, the knowledge of appellant, in this regard, was not established. Reliance was placed on 2000 PCr.LJ 1441, 1993 PCr.LJ 1909, 1988 PCr.LJ 1553. Similarly, it was pleaded that the certificate, issued by the Currency Officer of the State Bank of Pakistan was not proved in accordance with law, and that the sentence did not commensurate with the nature of offence. In this regard reliance was placed on 2004 PCr.LJ 743 and 2006 PCr.LJ 1431.
5. On the contrary, learned counsel for the State asserted that the appellant was found transporting narcotics, and forged currency from Peshawar to Punjab in a train. He was arrested red-handed, and the prosecution produced evidence of the required standards against the appellant, which was relied properly.
6. The perusal of evidence would make it crystal clear that the appellant was arrested in a Punjab bound train, and the forged currency notes were recovered from his Chappals, meaning thereby that he knew the currency notes to be forged. The statements of the prosecution witnesses in this regard were consistent and, except to the extent of some minor inconsistencies, they were not shattered in the cross-examination. Thus, the appellant was rightly convicted, and as regards the case-law referred to above, relied by the appellant, the position and appreciation of evidence was distinguishable. However, the sentence was not recorded in accordance with the established principles, because the appellant is first offender. Moreover, the mandatory provisions of section 489-B, P.P.C., regarding imposition of fine were ignored, as the appellant was sentenced to 5 years'
R.I. Only, under the said section of law. Thus, keeping in view the facts and circumstances of the case, the sentence of imprisonment awarded to the appellant under section 489-B, P.P.C. Is reduced from 5 years' to 2 years' R.I., with a fine of Rs,5,000, or in default of payment of fine to one month's S.I., while sentence of imprisonment recorded under section 489-C, P.P.C. Is maintained whereas the fine imposed by the trial Court stands set aside. The benefit of section 382-B, Cr.P.C.
Shall remain intact, and the sentences shall run concurrently.
' The appeal is partially allowed in the above terms.