Enamul Haque, vs Union Of India,
2021 Latest Caselaw 2345 AP

     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.

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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

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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