Patna High Court - Orders
Sudhir Kumar Kushwaha vs State Of Bihar on 14 August, 2008
Author: Dharnidhar Jha
Bench: Dharnidhar Jha
IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.30845 of 2008
SUDHIR KUMAR KUSHWAHA
Versus
STATE OF BIHAR
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2. 14.8.2008Heard.
The petitioner was staying in a hotel and the police has the inkling that the petitioner had in his possession fake currency notes for selling them. The raid was conducted and the petitioner was found in the hotel having in his possession fake currency notes of the value of Rs.69,000/-. The description of the denominations of the fake currency notes has been given in the FIR.
The contention is that it could not make out a case under Section 489(a) or 489(c) of the Act. It was next contended that it was highhandedness of the police that it arrested the petitioner and remanded him showing false recoveries of fake currency notes. It was further contended that the petitioner was neither selling or buying the currency notes. The police did not have anything against the petitioner so as to weaving out the false story of such serious implications. The petitioner was found inside a hotel and the notes were fake and counterfeit which was recovered from his possession. Mere possession to sell or to transfer or its trafficking could be an offence. It is not merely an offence but it is a contrived attempt by a person like the petitioner to run a parallel economy and thereby to sabotage the national economy. Petition is dismissed.
( Dharnidhar Jha, J. ) B.Kr.