Kerala High Court
Mammoonhi Thailangadi Mahmood vs The Superintendent on 26 August, 2014
Author: K.T.Sankaran
Bench: K.T.Sankaran, Anil K.Narendran
IN THE HIGH COURT OF KERALAAT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.T.SANKARAN
&
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
TUESDAY,THE 26TH DAYOF AUGUST 2014/4TH BHADRA, 1936
CRL.A.No. 733 of 2014 (D)
(CRL.M.P.NO.177/2014 IN R.C.NO.1/2013 OF THE SPECIAL COURT
FOR TRIAL OF NIA CASES, ERNAKULAM)
APPELLANT/7TH ACCUSED:
MAMMOONHI THAILANGADI MAHMOOD
S/O MOHAMMED KHADER, THAILANGADI,
KASARAGOD.
BY ADVS. SRI.SHAIJAN C.GEORGE
SMT.S.REKHA KUMARI
SRI.M.T.AJITH
SMT.SAJITHA GEORGE
RESPONDENT/RESPONDENT:
THE SUPERINTENDENT
NATIONAL INVESTIGATION AGENCY
REPRESENTED BY THE SPECIAL PUBLIC PROSECUTOR.
BY SRI.M.AJAY,SPECIAL PUBLIC PROSECUTOR FOR NIA
THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 26-08-2014,
ALONG WITH CRA.NOS.734/2014, 735/2014 AND 736/2014, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
K.T.SANKARAN &
ANIL K. NARENDRAN, JJ.
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Crl.A.Nos.733, 734, 735 & 736 of 2014
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Dated this the 26th day of August, 2014
JUDGMENT
K.T.Sankaran, J.
In all these appeals the appellant is the same. The bail applications submitted by the appellant in four cases were disposed of by the Special Court for trial of NIA cases, Ernakulam by the common order dated 19.7.2014, which is under challenge in these Criminal Appeals. Accordingly, these Criminal Appeals are also disposed of by a common judgment.
2. The appellant is accused No.7 in R.C.Nos.1 /2013 and 3/2013, accused No.11 in R.C.No.2/2013 and accused No.8 in R.C.No.4/2013. The offences alleged against the appellant are under Sections 489B, 489C, 420, 201, 120B and 109 read with Section 34 of the Indian Penal Code.
Crl.A.Nos.733, 734, 735 & 736 of 2014 :: 2 ::
3. The facts of the case in brief are the following: On 16.8.2012, one Shereef alias Mohammed Shereef along with Madapurath Ayisha went to the office of the Assistant Engineer, Electrical Section, Kerala State Electricity Board for payment of OYEC charges and caution deposit for getting electricity connection to the house of Ayisha. On receipt of money from Shereef, the Cashier raised doubt about the genuineness of eight currency notes of the denomination of `500/-. Thereupon Shereef gave another set of eight currency notes of the denomination of `500/- and left the place. The cashier, after careful checking, again had suspicion about the genuineness of the currency notes. He handed over the currency notes to the Assistant Engineer, who reported the matter to the Station House Officer, Chandera Police Station. On realising that the currency notes were fake, Crime No.597 of 2012 of Chandera Police Station was registered under Sections 489B and 489C of the Indian Penal Code.
4. On 17.8.2012, the Assistant Manager of M/s.Malabar Gold, North Kottachery, Kanhangad reported to the police that one Abdul Jabbar and two others visited the jewellery shop and gave 180 fake Crl.A.Nos.733, 734, 735 & 736 of 2014 :: 3 ::
Indian currency notes of the denomination of `1,000/- after purchasing gold. Accordingly, Crime No.777 of 2012 of Hosdurg Police Station was registered under Sections 489B and 489C of the Indian Penal Code.
5. Crime No.600 of 2012 of Chandera Police Station was registered under Sections 489B and 489C on the allegation that on 18.8.2012, Abdul Jabbar and another person gave 63 fake currency notes of the denomination of `1,000/- and 89 fake currency notes of the denomination of `500/- after purchase of gold from Fashion Gold Mahal, Cheruvathoor.
6. Crime No.599 of 2012 of Chandera Police Station was registered under Sections 489B and 489C of the Indian Penal Code on the basis of the information given by the Managing Partner of M/s.Atlas Gold, Cheruvathur. It was alleged that on 15.8.2012, Abdul Jabbar, his wife and children went to M/s. Atlas Gold and purchased gold ornaments for `74,019/-. They sold old jewellery worth `17,164/-. After adjusting that amount, and deducting discount, Abdul Jabbar paid `52,500/- in cash. On 18.8.2012, the defacto Crl.A.Nos.733, 734, 735 & 736 of 2014 :: 4 ::
complainant came to know from the newspaper that one Jabbar was arrested by Hosdurg police while purchasing gold ornaments using fake Indian currency notes. He identified the person from the photograph published in the newspaper, as the person who purchased gold ornaments from his shop on 15.8.2012. He rushed to the State Bank of Travancore, Cheruvathur Branch and checked the currency notes given by Abdul Jabbar and it was found that all the currency notes given by Abdul Jabbar were fake. The matter was reported to the police and accordingly, the crime was registered.
7. Originally, there were only four accused in each of the crimes. Later, the investigation of the case was handed over to CBCID and the four crimes were re-registered by them. CBCID filed reports to incorporate the names of some more accused persons including the appellant. Offences under Sections 420, 201, 120B and 109 were also incorporated.
8. As per the order issued by the Ministry of Home Affairs, Government of India, NIA took over the investigation of the four cases mentioned above. NIA re-registered the cases at NIA Police Crl.A.Nos.733, 734, 735 & 736 of 2014 :: 5 ::
Station, Kochi, Kerala. The crime numbers of the cases at Hosdurg and Chandera Police Stations, the crimes re-registered by CBCID and NIA and the respective Criminal Appeals filed by the appellant are shown in the table below.
Sl. Crime No. Crime No. Crime No. Number of
No. as originally re-registered re-registered Criminal
registered by CBCID by NIA Appeal
599 of 2012 791/CBCID RC 1/2013 733/2014
1 Chandera Police Station
777/2012 798/CBCID RC 2/2013 734/2014
2 Hosdurg Police Station
600/2012 792/CBCID RC 3/2013 735/2014
3 Chandera Police Station
597/2012 782/CBCID RC 4/2013 736/2014
4 Chandera Police Station
9. The learned counsel for the appellant submitted that ten of the accused involved in the case were arrested and they were granted bail. The appellant informed the officials of NIA about his arrival and he promptly came back to India and appeared before Court. He was not absconding. Learned counsel submitted that the court below was not justified in dismissing the bail applications filed by the appellant.
Crl.A.Nos.733, 734, 735 & 736 of 2014 :: 6 ::
10. Sri.Ajay, the learned Special Public Prosecutor for NIA, submitted that the appellant had made himself scarce and with best efforts on the part of NIA the presence of the appellant could be secured before Court. It is submitted that if he is released on bail, it is likely that he may abscond even if his passport is surrendered before Court. It is submitted that the appellant is involved in dealing with large quantity of fake Indian Currency notes and he along with Usman were instrumental for bringing large quantity of fake Indian Currency notes to India.
11. Sri.Ajay submitted that the investigation revealed the following: Moideen alias Moideenabba Ummer Beary of Udupi procured high quality fake Indian currency for `31 lakhs at Dubai.
Moideen handed over fake currency for `31 lakhs to Usman of Mangalore at Dubai Airport for transporting the same to Bangalore. Usman reached at Bangalore Airport on 8.8.2012. As instructed by Moideen, the fake currency was collected from Usman by Vivian Chethankumar alias Chethan, the confidant of Moideen. Chethan kept the currency at the residence of Moideen at Udupi. On the Crl.A.Nos.733, 734, 735 & 736 of 2014 :: 7 ::
instructions of Moideen, on 9.8.2012, Chethan delivered fake currency for Rupees five lakhs to Usman at Mangalore. Usman handed over the same to Abdul Nazeer alias Nazeer at Kasaragod. Abdul Nazeer alias Nazeer is a hawala agent in Kasaragod working for Mammunji alias Muhammad Kunhi (appellant) and Majeed Koliyad alias Mohamad Abdul Kader Majeed. On 10.8.2012, as instructed by Moideen, Chethan delivered fake currency worth Rupees six lakhs to Usman at Mangalore, who in turn delivered the same to Subaida, wife of Abdul Jabbar at Cheruvathoor, Kasaragod. On 11.8.2012, as instructed by Moideen, Chethan delivered fake currency worth Rupees nineteen lakhs to Usman at Mangalore, who in turn delivered the same to Abdul Nazeer alias Nazeer. Abdul Nazeer received the fake currency from Usman, on the instruction from Mammunji and Majeed Koliyad. Out of fake currency for `24 lakhs received by Abdul Nazeer alias Nazeer, he returned `17 lakhs to Usman on the instruction of Mammunji (appellant) and Majeed Koliyad. The fake currency notes for `17 lakhs were later used for purchasing gold bar at Delhi. The balance fake currency for Rupees seven lakhs were burnt by Nazeer. The fake currency for Rupees six lakhs, which was received by Subaida, wife of Abdul Jabbar was Crl.A.Nos.733, 734, 735 & 736 of 2014 :: 8 ::
used for purchasing gold ornaments, household articles, for discharging loans etc. The aforesaid three crimes were registered at Chandera Police Station and one crime at Hosdurg Police Station in connection with the use of fake Indian currency notes by Subaida, Abdul Jabbar and others.
12. The court below noticed that the appellant filed applications before the Special Court for anticipatory bail and those applications were dismissed. Though the appellant filed criminal appeals before the High Court against those orders, those criminal appeals were also dismissed. The High Court granted five weeks' time to the appellant to surrender before the Special Court and, accordingly, the appellant surrendered before Court. The court below held that the investigation is not over and the evidence relating to the conspiracy hatched in Dubai has to be collected.
Details regarding printing, stocking and hiding of fake Indian Currency notes by the appellant and his partner at Dubai are to be unearthed. The court below relied on the decisions of the Supreme Court in State of Andhra Pradesh v. Md. Hussain (2014 Crl.L.J.44) and Ravindersingh alias Ravi Pavar v. State of Crl.A.Nos.733, 734, 735 & 736 of 2014 :: 9 ::
Gujarat (2013 Crl.L.J.1832) and held that taking into account the gravity of offence, it is not a fit case where bail can be granted to the appellant. The court below also relied on the decision of the High Court in Shareef v. State (2013 (4) KLT 60) and rejected the contention raised by the learned counsel for the appellant that the production and circulation of fake Indian Currency notes would constitute a terrorist act only after the commencement of the Unlawful Activities (Prevention) Amendment Act, 2012 (Act 3 of 2013). In Shareef v. State (2013 (4) KLT 60), it was held thus:
"13. To apply Section 15 before its amendment in 2013, an act with intent to threaten or likely to threaten the unity, integrity, security or sovereignty of India or with intent to strike terror or likely to strike terror in the people or any section of the people in India or in a foreign country should be done by the accused concerned. The opening words of Section 15 mentioned above were followed by three clauses as (a),
(b) and (c) which alone would constitute a terrorist act.
To apply clause (a), it is sufficient if the act is done by using "any other means of whatever nature". But the act mentioned in clause (a) to Section 15 is further classified under four sub-clauses as (i) to (iv). Sub- Crl.A.Nos.733, 734, 735 & 736 of 2014 :: 10 ::
clause (ii) deals with "loss of or damage to or destruction of property". "Property" is defined in Section 2(h) of the UAP Act as follows:
""(h) "property" means property and assets of every description, whether corporeal or incorporeal, movable or immovable, tangible or intangible and legal documents, deeds and instruments in any form including electronic or digital, evidencing title to, or interest in, such property or assets by means of bank credits, travellers' cheques, bank cheques, money orders, shares, securities, bonds, drafts, letters of credit, cash and bank account including fund, however acquired;"
14. We are of the view that even without the insertion of the words 'economic security' in Section 15, the word "security" occurring in Section 15 of the Act before its amendment would cover 'economic security' as well. In view of the definition of "property" in Section 2(h), by using any means of whatsoever in nature, loss is caused to the property, it would attract sub-clause (ii) of clause (a) of Section 15 before its amendment by Act 3 of 2013. Property includes cash, bank account and funds. The finance of the country is included in the definition of property. If any loss is caused to the finance of the country by an act on the part of the accused with intent to threaten the unity, integrity, Crl.A.Nos.733, 734, 735 & 736 of 2014 :: 11 ::
security or sovereignty of India, it would attract Section 15 of the Act."
13. The court below held that if the appellant is enlarged on bail, there is every likelihood of the appellant contacting co-
conspirators and tampering with evidence which would affect the on going investigation process. We are in agreement with the view expressed by the court below. The appellant has not made out any ground for interference with the well considered order passed by the court below. We are also of the view that at this stage it would not be safe and proper to grant bail to the appellant.
For the aforesaid reasons, the Criminal Appeals are dismissed.
(K.T.SANKARAN) Judge (ANIL K. NARENDRAN) Judge ahz/