MUHAMMAD TOUQEER vs State Ss — 2023 YLRN 40 KARACHI-HIGH-COURT-SINDH

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MUHAMMAD TOUQEER VS State Ss. 489-a, 489-B, 489-C & 34---Criminal Procedure Code (V of 1898), S.103---Counterfeiting currency notes or Bank notes, Using as genuine forged or counterfeit currency notes or Bank-notes, possession of forged or counterfeit currency notes or mark notes, common intention---appreciation of evidence---Benefit of doubt---Non-association of private witnesses during recovery proceedings--- Scope--- accused were found in possession of counterfeit currency notes and US Dollars which they used to exchange with the public---as per FIR, complainant party was on patrolling duty and started snap checking where they had seen the accused persons coming on a motorcycle who tried to run away but were apprehended and recovery of huge number of counterfeit currency and prize bonds was affected from their possession---In cases of recovery, police had to associate private persons as mashir if they were available on the spot to maintain the transparency of the recovery rather than to hire the police personnel in that regard---allegedly, accused persons were arrested from thickly populated area but complainant did not attempt to associate any available private person on the spot to act as mashir of recovery---No explanation on record as to why no independent person from the vicinity had been joined to witness the recovery proceedings---Circumstances established that the prosecution had failed to bring guilt at home---appeal against conviction was allowed.

MUHAMMAD TOUQEER vs State Ss — 2023 YLRN 40 KARACHI-HIGH-COURT-SINDH

Case information

Judgment text as reported