Kerala High Court
Mashooq Ali @ Babu Khan vs Union Of India on 21 November, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
CRL.MC NO. 6804 OF 2024
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2024:KER:87493
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
THURSDAY, THE 21ST DAY OF NOVEMBER 2024 / 30TH KARTHIKA, 1946
CRL.MC NO. 6804 OF 2024
AGAINST THE ORDER/JUDGMENT DATED 19.03.2024 IN CRMP NO.54/2024
IN RC NO.1 OF 2023 OF SPECIAL COURT FOR TRIAL OF NIA CASES,ERNAKULAM
PETITIONER/CLAIMANT :
MASHOOQ ALI @ BABU KHAN
AGED 60 YEARS
RESIDING AT A209,
SHAHEEN BAGH, JAMIA NAGAR,
OKHLA, SOUTH DELHI, PIN - 110 025.
BY ADVS.
ABRAHAM P.GEORGE
M.SANTHY
RESPONDENT/S:
UNION OF INDIA
PRESENTED BY THE NATIONAL INVESTIGATION AGENCY,
KOCHI THROUGH THE ADDITIONAL SOLICITOR GENERAL OF INDIA,
HIGH COURT OF KERALA
ERNAKULAM DISTRICT, PIN - 682 031.
SRI. NOUSHAD K. A. (PP)
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21.11.2024,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 6804 OF 2024
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BECHU KURIAN THOMAS, J
......................................................
Crl.M.C.No.6804 of 2024
...................................................
Dated this the 21st day of November, 2024
ORDER
Petitioner is the father of Sri.Shahbaz Khan, against whom, a notice was
issued by the National Investigation Agency (for brevity, 'NIA') under Section
160 of Cr.P.C. directing him to appear before them. In the meantime, a
search was conducted at the petitioner's residence on 11.05.2023 and an
amount of Rs.5,39,700/- was seized from the cupboard inside his bedroom.
Thereafter, petitioner filed Crl.M.P.No.54/2024 before the Special Court of
Trial of NIA Cases, Ernakulam for release of the amount. By the impugned
order, the Special Court allowed the application and directed release of the
amount on condition that petitioner executes a bond for Rs.5,00,000/- with
two solvent sureties each for the like sum. Petitioner challenges the
aforesaid order to the extent it imposed the aforesaid condition.
2. I have heard Sri.Abraham P. George, the learned counsel for the petitioner as
well as Senior Panel Counsel, on behalf of the respondents.
3. On a perusal of the impugned order, it is noticed that the NIA had filed a
report stating that they have no objection for releasing the amount to the
CRL.MC NO. 6804 OF 2024
2024:KER:87493
petitioner. It was also stated that the amount seized was, not even included
as an object in the final report. Before this Court also, the learned Senior
Panel counsel reiterated that NIA has no objection for releasing the amount,
and also that petitioner's son is not arrayed as an accused as of now.
4. Since the currency seized from the petitioner is not included as an object in
the final report and petitioner's son is not even arrayed as an accused by the
NIA, the seizure of the amount from the petitioner has no connection with
the case under consideration and hence there is no need to retain the same.
Imposing a condition for releasing the said amount and directing the sureties
also to execute a bond of the same amount renders the condition too
onerous. I am satisfied that the said condition is required to be deleted to
the extent it directs the sureties to execute a bond is required to be deleted.
5. Accordingly, the condition in the impugned order directing execution of a
bond for an amount of Rs.5,00,000/- by the petitioner and each of the
sureties shall stand deleted. Petitioner, however, shall execute a simple bond
without any sureties for release of the amount.
The Crl.M.C. is allowed.
sd/-
BECHU KURIAN THOMAS
JUDGE
AMV/21/11/2024
CRL.MC NO. 6804 OF 2024
2024:KER:87493
PETITIONER ANNEXURES
ANNEXURE AI CERTIFIED COPY OF THE ORDER DATED 19.03.2024 IN
CRIMINAL MISCELLANEOUS PETITION NO.54/2023 IN
RC NO.01/2023/NIA/KOC
