Patna High Court - Orders
Sandeep Kumar @ Deepak vs The State Of Bihar on 3 April, 2019
Author: Sanjay Priya
Bench: Sanjay Priya
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19658 of 2019
Arising Out of PS. Case No.-66 Year-2018 Thana- GOVERNMENT OFFICIAL COMP.
District- Patna
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SANDEEP KUMAR @ DEEPAK, S/o Late Nathu Ram, Resident of Village-
Jagan, P.O.- Juglan, P.S.-Agrawa More, District- Hisar (Haryana)
... ... Petitioner/s
Versus
1. The State of Bihar
2. Union of India through Intelligence Officer Directorate of Revenue
Intelligence Regional Unit, Patna
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Dhirendra Kumar Sinha, Advocate
For Opposite Party No.1 : Mr. Anil Kumar, APP
For Opposite Party No.2 : Mr. S. D. Sanjay, Additional Solicitor General
Mrs. Shail Kumari, CGC
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CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA
ORAL ORDER
2/ 03-04-2019Heard learned counsel for the petitioner and learned APP for the State as well as learned Additional Solicitor General.
Petitioner seeks bail in Complaint Case No.66-C of 2018/ 7996 of 2018 instituted for the offence under Section(s) 135(1) (a), 135(1)(b) of the Customs Act, 1962, pending in the Court of the Special Judge, Economic Offences, Patna.
In the written report, it is alleged that this petitioner was intercepted by the Officers of Directorate of Revenue Intelligence carrying consignment of Fake Indian Currency Notes (in short "FICN") from Nepal to India at Bettiah Railway Patna High Court CR. MISC. No.19658 of 2019(2) dt.03-04-2019 2/3 Station on 18.07.2018 in presence of two independent witnesses. On search before the departmental gazetted Officer of DRI Team, five bundles of FICN were recovered from the possession of the petitioner out of which four bundels were wrapped in newspaper and were pasted with brown coloured cello tape, whereas, one bundle was wrapped using black coloured plastic sheet and cello tape. In one bundle, 24 notes in denomination of Rs.500/- having face value of Rs.12,000/- was recovered, whereas, in other four bundles total 357 notes in denomination of Rs.100/- having face value of Rs.35,700/- were found. Total face value of FICN was Rs.47,700/- Train tickets along with one bag was also recovered from possession of the petitioner.
Statement of this petitioner was recorded under Section 108 of the Customs Act, wherein, he has stated that the aforesaid FICN was given to him at Sikta (Indo-Nepal Border) by a person, namely, Lal Jee. He was going to Hisar (Haryana) from Bettiah along with said consignment of FICN. He has further stated that he has gone to Sikta on the direction of Mukhtar Chand. The said Mukhtar Chand met him 3-4 days earlier at Hisar and told him to go to Bus Stand, Sikta, where Lal Jee will meet with him. He will hand over consignment of Patna High Court CR. MISC. No.19658 of 2019(2) dt.03-04-2019 3/3 FICN brought into India by smuggling from Nepal which he has to bring to Hisar via Bettiah. He was offered Rs.5,000/- for this work which was to be given after completion of the work. FICN of Rs.47,700/- was recovered from his possession.
Currency notes found from possession of the petitioner was found to be fake during its examination at Forensic Science Laboratory, Patna.
In such circumstances, this Court is not inclined to enlarge the petitioner on bail.
Prayer of the petitioner for grant of bail is rejected. Counsel for the petitioner submits that petitioner has remained in custody for nine months.
The trial Court is directed to expedite the trial and make all efforts to conclude the same as early as possible, preferably, within a period of nine months from the date of receipt of a copy of this order.
Liberty is given to the petitioner to renew his prayer for bail after nine months, if no substantive progress is made in the trial.
(Sanjay Priya, J) J. Alam/-
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