Andhra Pradesh High Court - Amravati
Enamul Haque, vs Union Of India, on 9 July, 2021
Author: C. Praveen Kumar
Bench: C. Praveen Kumar
HONOURABLE SRI JUSTICE C. PRAVEEN KUMAR
and
HONOURABLE SRI JUSTICE B. KRISHNA MOHAN
Criminal Appeal No.141 of 2021
JUDGMENT:(Per Hon'ble Sri Justice C. Praveen Kumar) Assailing the order dated 27.02.2021 passed by the Metropolitan Sessions Judge-cum-Special Court for trial of N.I.A. Act Cases at Vijayawada in E-filing Case No.AP/10/CRL.M.P./34513/12.02.2021 in S.C.No.92 of 2020 in Rc.No.01/2018/NIA/HYD (FICN CASE), wherein the request of the appellant for release on bail was rejected, the present appeal came to be filed by A.5 under Section 21 (1) (2) and (4) of the National Investigation Agency Act, 2008.
2. The facts of the case are as under:
i) The averments in the charge sheet disclose that as per the directions of A.4, A.1 and A.2 boarded the train on 27.03.2018 and alighted at Gour Malda Railway Station, West Bengal, on the night of 28.03.2018, where A.1 and A.2 were received by A.3. Thereafter, all of them proceeded to the house of A.5's relative in a rented car where they stayed over night. It is stated that on 29.03.2018, A.3 and A.5 handed over 510 Counterfeit Indian Currency Notes of Rs.2000/- denomination.
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ii) On 31.03.2018, the officer of DRI, Regional Unit, Visakhapatnam seized 510 Fake Indian Currency Notes of Rs.2,000/- denomination, from the possession of A.1 and A.2, when both of them were travelling in S-10 compartment of Train No.18645 (Howrah-Hyderabad East Coast Express). On interrogation, both of them confessed that the said fake Indian Currency notes were smuggled into India from Bangladesh and handed over to them near Farakka, West Bengal, by a courier sent by one Tajamul. According to them, the said fake currency notes are being taken to Bangalore for circulation. Since the notes were found to be counterfeit, the DRI officials not only seized the currency notes, but also seized one Samsung mobile phone with one SIM card from A.1 and two mobile phones with two SIM cards from A.2. Both of them were arrested on 01.04.2018 and remanded to custody. Later, the said fake currency notes were sent to Currency Note Press, Nashik on 02.04.2018 and the report dated 16.04.2018 reveal that the notes were fake currency notes. The mobile phones were also sent to CFSL, Hyderabad for analysis. As the currency notes are fake, the Government of India vide orders in F.No.11011/25/2018/ NIA, dated 13.04.2018, in exercise of powers conferred under Section 6 (5) and Section 8 of the National Investigation Agency Act, 3 CPK, J & BKM, J CRLA.No.141 of 2021 2008, directed the National Investigation Agency (NIA) to take up the investigation and in compliance with the said order, the NIA registered a case in FIR No.RC- 01/20128/NIA/HYD under Section 120-B, 489B and 489C of the Indian Penal Code, 1860. The FSL report in respect of mobile phones and SIM cards seized from A.1 and A.2 was received on 05.06.2018. In the data extracted from mobile phone of A.2 a photograph was found wherein A.1, A.2, A.3 and A.5 were seen together in a room. The investigation revealed that the photograph was taken by A.2 on 28.03.2018 at the house of A.5's brother-in-law at Laharia village, Malda, where A.1 and A.2 stayed in Farakka, for receiving fake Indian currency notes.
iii) It is stated that pursuant to the conspiracy hatched by A.1 to A.5, A.4 provided bank account numbers of two persons of his village for receiving advance payment of fake Indian currency notes to be supplied later. Accordingly, A.1 deposited Rs.99,500/- and further deposited Rs.98,999/- in the two accounts.
iv) The NIA officials investigated into the said case and filed a charge sheet against A.1 and A.2 on 29.06.2018. It is said that after a full-fledged trial, both the accused were convicted and sentenced to undergo rigorous imprisonment for a period of three years for the offence 4 CPK, J & BKM, J CRLA.No.141 of 2021 punishable under Section 120B (i); ten years for the offence punishable under Section 489B and seven years for the offence punishable under Section 489C IPC. Though Criminal Appeals are filed before the High Court, but no bail was granted to A.1 and A.2.
v) On 28.04.2019, A.3 was arrested from Malda, West Bengal. On search, a piece of paper containing some mobile numbers including that of A.1 and A.2 was seized. Apart from that, four Indian Currency Notes of Rs.2000/- denomination appearing to be counterfeit were seized from his possession. The expert opined that the referred notes are counterfeit Indian currency notes. The FSL analysis of A.3 mobile phone revealed multiple incoming and outgoing calls from A.2 and A.1 and the call data records of the said mobile phone was collected to corroborate the same. It is said that A.3 was remanded to custody and later released on bail by the Special Court on 30.08.2019 vide Crl.M.P.No.1318 of 2019.
vi) A.4 was arrested on 22.05.2019 from East Champaran, Bihar. During the custodial interrogation, A.4 disclosed that he worked as a courier and as he was in dire need of money, decided to cheat parties by asking them to deposit advance money in bank accounts provided by him. It is said that A.4 also came into contact with A.1, 5 CPK, J & BKM, J CRLA.No.141 of 2021 A.2 through A.7 and played an active role in getting the amount deposited.
vii) Coming to the role of the petitioner, who is A.5, it is said that he is involved in trafficking and circulation of counterfeit Indian Currency Notes, which are procured by him from his associates, on either side of Indo- Bangladesh border. A.5 was arrested on 03.09.2020 from his house in Mohanpur village, Malda District, West Bengal. During his personal search, one Redmi Note 4 mobile phone and one JIO SIM card bearing mobile number 7029726797 were seized and the same were forwarded to CFSL, Hyderabad for necessary analysis. A report was received on 03.11.2020, which revealed that A.3's mobile number and A.4's mobile number were saved in contact list. A.5 was remanded to NIA custody for 5 days and during the custodial interrogation, A.5 revealed that he knew A.4 since long time as he supplied fake Indian currency notes to A.4. According to him, he procured fake notes from one Bangladeshi National and then supplied them to A.4 and others. According to him, A.4 requested him to arrange fake notes worth Rs.10.00 lakhs for distributing the same through A.1 and A.2. Accordingly, the said Bangladeshi National arranged fake notes which were was handed over to A.5 through one of the couriers at 6 CPK, J & BKM, J CRLA.No.141 of 2021 Indo-Bangladesh border and in turn A.5 handed over the said notes to A.4, for which A.4 owed Rs.3.00 lakhs genuine currency to A.5.
viii) It is said that on 28.03.2008, A.3 requested A.5 to accompany him to New Farakka Railway Station for receiving A.1 and A.2, who were coming to Farakka for receiving fake currency notes. It is stated that A.3 informed A.5 that A.1 and A.2 would pay genuine currency for fake currency notes, out of which A.5 would also receive his payment for Rs.10.00 lakhs fake currency supplied by him to A.4. Hence, A.5 accompanied A.3 to Farakka Railway Station on 28.03.2018 to receive A.1 and A.2. However, the train did not halt at New Farakka Railway Station and therefore, A.3 hired a taxi and went to Gour Malda Railway Station to receive A.1 and A.2, while A.5 took A.3's bike and came to the house of his relative, which is around 10Kms from New Farakka Railway Station. Later, A.3 brought A.1 and A.2 to the same house where Rs.10.00 lakhs fake currency was handed over to A.1 and A.2 on the next day. However, A.1 paid only Rs.60,000/- genuine currency which was kept by A.5. A.3 assured A.5 that A.1 and A.2 would soon pay the remaining amount of Rs.2,40,000/- which was to be paid by A.4 to A.5 for Rs.10.00 lakhs fake currency.
7 CPK, J & BKM, J CRLA.No.141 of 2021 This in substance is the case of the prosecution in so far as the accused are concerned.
3. Dr. Challa Srinivasa Reddy, learned counsel for the appellant, mainly submits that the petitioner/appellant is entitled for grant of bail as the entire investigation is over and charge sheet is also filed. He further submits that since A.3 was granted bail, and as the petitioner stands on the same footing as that of A.3, pleads release of the petitioner on bail.
4. On the other hand, Sri V. Harinath, learned Assistant Solicitor General opposed the bail application and filed a detailed counter. According to him, the case of A.5 is totally different from that of A.3 and the reasons for grant of bail to A.3 cannot be made applicable to the case of A.5. According to him, merely because the investigation is over and the charge sheet is filed, does not by itself would be a ground to release A.5. He further submits that if A.5 is released on bail, there is every chance for him to cross the border of the country and in such case, the entire proceedings gets stalled. Since A.1 and A.2 were already convicted, pleads that a direction may be given to the trial court to complete the trial against A.3 to A.5 on day-to-day basis. According to him, the argument of the learned counsel for the petitioner that the case of the petitioner/A.5 stands on the same footing as that of A.3 is incorrect.
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5. A perusal of the averments in the charge sheet clearly discloses that A.3 was only a courier and he was asked to receive A.1 and A.2 at Farakka Railway Station and then hand over the fake currency notes worth Rs.10.00 lakhs to A.1 and A.2, who were travelling in the train. A reading of the allegations in the charge sheet show that about 4 fake currency was seized from A.3 and the FSL report of the mobile phone of A.3 show that the phone numbers of A.1 and A.2 were in the contact list.
6. But, the role of A.5 is totally different. He is involved in trafficking and circulation of counterfeit Indian currency notes, which were procured by him from his associates on either side of Indo-Bangladesh border. The allegations in the charge sheet show that A.4 requested A.5 to arrange fake currency notes worth Rs.10.00 lakhs, for providing the same to A.1 and A.2, and accordingly, A.5, with the help a Bangladesh National, procured Rs.10.00 lakhs fake currency notes and handed over the same to A.4, for which A.5 has to get Rs.3.00 lakhs genuine currency. The averments in the charge sheet also shows that when A.3 brought A.1 and A.2 to the house of A.5 for handing over of Rs.10.00 lakhs fake currency notes, A.1 paid Rs.60,000/- genuine currency notes to A.5 and a sum of Rs.2,40,000/- genuine currency is still to be paid. Analysis of the cell phone record also show that there were about 426 incoming and outgoing calls and messages 9 CPK, J & BKM, J CRLA.No.141 of 2021 with A.3 during the period 26.03.2018 to 28.08.2018. The record also shows that there are about 432 incoming and outgoing calls and messages between A.5 and the supplier of fake currency notes between 28.02.2018 and 23.06.2018. Therefore, the argument of the learned counsel for the appellant that the case of A.3 is similar to A.5 cannot be accepted.
7. Apart from that, the reason assigned for releasing A.3 on bail was that he is prosecuting his B.A. course to which examinations were scheduled to be in the month of September, 2019. He further submits on 13.03.2019 a Non- Bailable Warrant was issued by the Metropolitan Sessions Judge/Special Court for NIA Cases, Vijayawada against A.3, A.4 and A.5 and long thereafter, in the month of September 2020, warrants came to be executed against A.5. He was found absconding and evading the arrest. According to him, after a lot of painstaking efforts, A.5 was arrested on 03.09.2020 at his residence in Farakka, West Bengal. From the call data extracted from the mobile phone of A.2, it is found that A.5 was seen in a photograph together with A.1, A.2, A.3. The call data further indicates that there were number of incoming and outgoing calls, and messages between A.5 and the supplier of fake currency notes. Having regard to the nature of the allegations made in the charge sheet and as the case of A.3 is different from A.5 and taking 10 CPK, J & BKM, J CRLA.No.141 of 2021 into consideration the fact that in offences of this nature, namely trafficking of forged counterfeit currency notes pose a challenge to the economy of the country, which virtually amounts to waging a financial war against the country, we hold that it is a not a fit case to grant bail to the petitioner/A.5.
Accordingly, the Criminal Appeal is dismissed. Consequently, miscellaneous petitions pending, if any, shall stand closed.
_________________________ C. PRAVEEN KUMAR, J ________________________ B. KRISHNA MOHAN, J Date: 09-07-2021 Ksn