Order 15

Order Details: COPY OF ORDER
Pdf Text: IN THE COURT OF DR. HARDEEP KAUR,
ADDITIONAL SESSIONS JUDGE-02, NEW DELHI
DISTRICT, PATIALA HOUSE COURTS, NEW DELHI.
IA No.4/2024
SC No.295/2023
FIR No.165/2023
PS Special Cell
U/s. 489A/489B/489C/34 IPC
Tajeem Vs. State of NCT of Delhi
ORDER
1. By this order, this Court shall dispose of the
application of applicant/ accused Tajeem under Section 439
Cr.P.C. seeking regular bail.
2. It is submitted by the Ld. counsel for applicant/
accused that applicant/ accused is falsely implicated in the
present case. Applicant is 41 years old and having very good
antecedents and has no previous involvement in any criminal
case. Applicant/ accused is an illiterate person with little or no
knowledge of reading and writing. The applicant/ accused used to
do whitewashing in Chandigarh, and came to his hometown few
days earlier to see his ailing wife and ever since he has been
arrested, there is no one to earn the bread for the family in his
absence. Applicant’s family is deeply stressed both emotionally
and financially, as the applicant/ accused is the eldest son, as well
as the sole bread earner of the family of 8 members (4 children,
wife and parents). The parents of the applicant are old aged and
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depend on the applicant/ accused for all their necessities. The
children of the applicant are of tender age and need their father
for their upbringing.
3. It is further submitted that wife of the applicant/
accused is a kidney patient and is undergoing treatment at the
Kidney Hospital, Panipat and she is completely dependant on
him, financially and emotionally. There is nothing on record,
which can suggest that the applicant/ accused was anyhow
involved in the commission or conspiracy of said alleged offence.
All the allegations and charges levelled against the applicant/
accused herein are false and baseless and there is not an iota of
evidence in support of the same. There is no likelihood of
evidence tampering, as everything material is already in police
custody.
4. It is further submitted that applicant/ accused
undertakes that he will not directly or indirectly make any
inducement, threat or promise to any person acquainted with the
facts of the case so as to dissuade him from disclosing such facts
to the Court or to any police officer. Applicant/ accused is ready
and willing to accept any other conditions as may be imposed by
the Court.
5. Reply to the present application filed by the IO.
6. Ld. Addl. PP for State has vehemently opposed the bail
application and submitted that applicant/accused alongwith his
associate is involved in supply and circulation of FICNs and they
both are living in the same locality. It is further submitted that
applicant/ accused Tajeem, on the instructions of co-accused
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Irshad @ Bhuru, had come to Delhi to supply the FICN
consignment and was waiting for the receiver to come but when
the receiver did not come, he made a move and at that time,
applicant/ accused Tajeem was apprehended and FICN worth
Rs.2,50,000/- were recovered from his possession.
7. It is further submitted that this Court after going
through the material available on record and applying the judicial
mind has framed charges against the accused persons for
commission of offence punishable u/s 489B and 489C IPC. It is
further submitted that appreciation of evidence can only take
place only when material witnesses have been examined. It is
further submitted that there are five material witnesses qua
recovery of FICNs from the accused persons but none of them
have been examined till date.
8. It is further submitted that all the medical documents
furnished by the applicant pertains to June/ July, 2023 i.e. almost
9-10 months old. No medical treatment pertaining to any recent
or ongoing treatment has been provided. Applicant/ accused just
want to obtain bail on the pretext of illness of his wife whereas
even as per the old treatment documents, condition of patient is
stable. It is further submitted by Ld. Addl. PP that allegations
against the accused are grave and serious in nature. There is
every chance that applicant/ accused will jump the bail and it will
be very difficult to ensure his presence during trial. He might also
indulge in similar criminal activities if granted bail.
9. This Court heard the arguments on behalf of the
parties and perused the record carefully.
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10. Perusal of record shows huge amount of FICNs
worth Rs.2,50,000/ have been recovered from the possession of
applicant/accused which goes a long way against the plea of false
implication. Reliance is placed upon Rayab Jusab Sama Vs.
State of Gujarat 1989 Crl. L J 942 and Shabbir Sheikh v.
State of Madhya Pradesh Crl. Appeal no. 162/2015, 452/2015
and 453/2015 decided on 10.05.2018. The menace of fake
currency notes is a serious concern for the economic stability and
security of the nation.
11. Further, three public witnesses have been examined
in the present case but they are not witness to the recovery of
FICNs and hence I concur with Ld. Addl. PP that material
recovery witnesses are yet to be examined.
12. Further, as far as contention of Ld. counsel for
applicant regarding illness of wife of applicant/ accused, it is
come in the report that medical condition of wife of applicant/
accused appear to be stable on the date of OPD evaluation. She
did not undergo any surgery. As per available records dated June
and July, 2023, patient needed treatment in the form of medicine
and injection. Her condition was stable as she was advised
follow-up after one month with routine investigation. However,
to access her status, she needs to be examined and evaluated
again.
13. Reliance is placed upon the observations made by
Hon’ble High Court of Delhi in “Tabrez Ahmed v. State NCT of
Delhi, Bail Application no. 1490/2021 decided on 23.08.2021”
wherein it has been held that:
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“...The process of making fake currency notes has reached
a level of immaculate sophistication due to which these
fake currency notes are indistinguishable from real
currency notes and have become a high profiteering
business. Circulation of fake currency notes is severely
detrimental to the economy and hampers the financial
regulation of the country. The production of counterfeit
currency notes often stems from dissatisfaction with a
country's growth, and is therefore, aimed at financially
disintegrating and destabilising the steady equilibrium of
liquidity in the economy. Counterfeiting of currency notes
breeds drug, smuggling, purchase of illegal arms and
ammunition, funding of undesirable terrorist outfits, cross-
border money laundering, human trafficking and various
other phenomena. It has a disastrous effect on the
economy.
6. Sections 489A, 489B, 489C, 489D and 489E were
specially inserted by the legislature in the IPC to protect
the economy of the country.
7. The Supreme Court in K Hashim v. State of Tamil
Nadu, (2005) 1 SCC 237, has explained the legislative
intent of the provisions pertaining to counterfeiting of
currency. Paragraph 46 to 50 of the said judgement reads
as under:--
"46. Sections 489-A to 489-E deal with various economic
offences in respect of forged or counterfeit currency notes
or banknotes. The object of the legislature in enacting
these provisions is not only to protect the economy of the
country but also to provide adequate protection to
currency notes and banknotes.
47. Section489-A not only deals with complete act of
counterfeiting but also covers the case where the accused
performs any part of the process of counterfeiting.
Therefore, if the material shows that the accused
knowingly performed any part of the process of
counterfeiting, Section 489-A becomes applicable.
48. Similarly Section 489-B relates to using as genuine
forged or counterfeited currency notes or banknotes. The
object of the legislature in enacting this section is to stop
the circulation of forged notes by punishing all persons
who knowing or having reason to believe the same to be
forged do any act which could lead to their circulation.
49. Section 489-C deals with possession of forged or
counterfeit currency notes or banknotes. It makes
possession of forged and counterfeited currency notes or
banknotes punishable. Possession and knowledge that the
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currency notes were counterfeited notes are necessary
ingredients to constitute offence under Sections 489-C and
489-D. As was observed by this Court in State of Kerala v.
Mathai Verghese [(1986) 4 SCC 746 : 1987 SCC (Cri) 3 :
AIR 1987 SC 33] the expression “currency notes” is large
and wide enough in its amplitude to cover the currency
notes of any country. Section 489-C is not restricted to
Indian currency note alone but it includes the dollar also
and it applies to American dollar bills.
50. The wording of Section 489-D is very wide and would
clearly cover a case where a person is found in possession
of machinery, instrument or materials for the purpose of
beingused for counterfeiting currency notes, even though
the machinery, instruments or materials so found were not
all the materials particular (sic) required for the purpose of
counterfeiting..."
14. Considering the seriousness of allegations and
enormity of charge, this Court is not inclined to release the
applicant/accused on bail. The instant bail application is
accordingly dismissed.
15. Application is disposed off accordingly.
Typed to the dictation directly,
corrected and pronounced in the
open Court on 21.03.2024.
(Dr. Hardeep Kaur)
Additional Sessions Judge-02
New Delhi District,New Delhi
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