State vs Sukh Nandan @ Sukha @ Sukhbindara ...
2022 Latest Caselaw 14714 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Criminal Appeal No. 182/2011

State

----Appellant Versus Sukh Nandan @ Sukha @ Sukhbindara Singh

----Respondent

For Appellant(s) : Mr. BR Bishnoi, PP For Respondent(s) : Mr. Yashpal Khileree Mr. Rajat Dave

HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Order

14/12/2022

Heard.

In connection with Criminal Case No.36/2010 (10/2008), the

learned Additional Sessions Judge (Fast Track), Parbatsar, District

Nagaur has passed the judgment dated 20.11.2010 and against

the said judgment, the State has preferred the present appeal.

In the aforesaid case, an amount of Rs.10,50,000/- was

recovered and the same is lying in the malkhana of Police Station,

Jaswantgarh, District Nagaur. On account of demonetization, the

currency notes of Rs.1000/- and Rs.500/- amounting to

Rs.10,50,000/- were required to be deposited in the nationalized

bank and for that, an application was moved before the trial court,

but the same has been rejected.

The State has, thereafter, preferred an application before this

Court seeking necessary direction for exchanging/depositing the

said notes in nationalized bank. This Court vide order dated

(2 of 3) [CRLA-182/2011]

22.03.2017 has directed the SHO, Police Station, Jaswantgarh,

District Nagaur to deposit the said currency notes of

Rs.10,50,000/- in the fixed deposit.

Though, the SHO, Police Station, Parbatsar has moved an

application before the RBI, Jaipur, however, the Manager of the

RBI, Jaipur has refused to deposit the amount of Rs.10,50,000/-

vide letter dated 28.03.2017.

This Court has sought explanation from the RBI, Jaipur that

despite specific order of the Court to deposit the old currency

notes amounting to Rs. 10,50,000/- on or before 31.03.2017, why

the RBI, Jaipur has declined for depositing the same.

Pursuant to that, an explanation is submitted by the RBI

through learned counsel Mr. Rajat Dave, wherein it is mentioned

that the RBI could not acceded the request made by the SHO,

Jaswantgarh, District, Nagaur for exchanging/depositing the old

currency notes as the period for exchange/deposit of Specified

Bank Notes (SBN) has already expired as per Government of India

Gazette Notifications Nos.3407(E) dated 08.11.2016. It is

submitted that the exchange window under Section 4 of the

Specified Bank Notes Act, 2017 was available only to the citizens

of India, who were outside India between 09.11.2016 and

30.12.2016. As such, Mr. Dave has submitted that the RBI was

perfectly justified in refusing to deposit the currency notes vide

letter dated 28.03.2017.

Mr. Dave has further submitted that now the Union of India

has notified the RBI Rules, 2017 vide Notification dated

12.05.2017, wherein the old currency notes confiscated or seized

by law enforcement agencies and produced before a court on or

before 30.12.2016 can be deposited in a bank account for

(3 of 3) [CRLA-182/2011]

exchanging or depositing subject to certain conditions mentioned

in those rules. It is submitted that if any order bearing the

numbers of the Specified Bank Notes is passed by the court, the

RBI will consider the same and pass appropriate order in the

matter.

Taking into consideration, the above factual position, we

direct the learned Public Prosecutor to submit the details of the

seized confiscated currency notes before this Court while

mentioning their serial numbers within a period of four weeks

from today.

On furnishing such details, the Court will pass necessary

order to the RBI.

List the matter after four weeks.

(MANOJ KUMAR GARG),J (VIJAY BISHNOI),J 6-mohit/-

Powered by TCPDF (www.tcpdf.org)