Order 16

Order Details: COPY OF ORDER
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IN THE COURT OF DR. HARDEEP KAUR,
ADDITIONAL SESSIONS JUDGE-02, NDD,
PATIALA HOUSE COURTS, NEW DELHI
In Sessions Case No. 295/2023
State
Versus
Irshad @ Bhuru
… Applicant/Accused
FIR No.165/2023
PS Special Cell
U/s 489A/489B/489C/34 IPC
ORDER
1. Vide this order, this Court shall dispose of second application
filed on behalf of applicant/ accused Irshad @ Bhuru under
Section 439 Cr.P.C for grant of regular bail.
2. It is submitted by the Ld. counsel for applicant/ accused that
applicant/accused has been falsely implicated in the present
case merely on the basis of disclosure statement of co-
accused Tajeem. It is further submitted that the first bail
application was dismissed as withdrawn on 23.01.2024 on
the ground that the eye witnesses are yet to be examined. It is
further submitted that the alleged recovery of FICNs from
the house of applicant/accused has not been witnessed by any
independent person and even so, the allegations would
disclose offence u/s 489C IPC which is bailable in nature.
3. It is further submitted by Ld. Counsel that applicant/accused
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is not a previous convict as no other case of similar nature is
pending against him. It is further submitted that applicant
/accused belongs to a poor family and he is the sole bread
earner in his family. It is further submitted that charge-sheet
in the instant matter has already been filed and the present
case is at the stage of Prosecution Evidence. It is further
submitted that in all, there are 19 witnesses to be examined
and hence, the trial in the instant matter is likely to consume
considerable time and no useful purpose would be served by
keeping him behind the bars. It is further submitted that three
of public witnesses have been examined in the court and they
have not supported the case of the prosecution. It is further
submitted that applicant/accused is ready to abide by any
term or condition imposed by this Court while granting him
bail.
4. In support of his submissions, Ld. Counsel for applicant
/accused has placed reliance upon the judgment titled
Cristanand v. The State Crl. P No. 200377/2021 decided
on 06.03.2021.
5. Reply was filed by the IO to the bail application.
6. Ld. Addl. PP for State has vehemently opposed the
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 accused Tajeem, on the instructions of
applicant/accused Irshad @ Bhuru, had come to Delhi to
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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, co-accused Tajeem was
apprehended and FICN worth Rs.2,50,000/- were recovered
from his possession. It is further submitted that co-accused
Tajeem, on interrogation, disclosed that he procured these
FICNs from applicant/accused Irshad. It is further submitted
that pursuant to the disclosure statement of co-accused
Tajeem, applicant/accused was arrested from his house at
Uttar Pradesh from where FICNs worth Rs.3 lacs were
recovered. It is further submitted by Ld. Addl. PP that from
the shop of applicant/accused, equipment or tools used in
printing/manufacturing FICN were also recovered.
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 the recovery of FICNs from the accused
persons but none of them have been examined till date. 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.
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8. This Court heard the arguments on behalf of the parties
and perused the record carefully.
9. Perusal of record shows that applicant/accused is the
mastermind of the present case. Huge amount of FICNs
worth Rs.3 lacs were recovered from the possession of the
applicant/accused which goes a long way against the plea
of his 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.
10.The menace of fake currency notes is a serious concern for
the economic stability and security of the nation. The
judgment relied upon by the Ld. Counsel for
applicant/accused is not applicable in the present case and
is distinguishable on the facts of the present case as in that
case only ten FICNs of the denomination of Rs.500/- each
have been recovered from the possession of the accused.
11.Further, three public witnesses have been examined in the
present case but they are not witness to the recovery of
FICN and hence, I concur with Ld. Addl. PP that material
recovery witnesses are yet to be examined.
12. Reliance is placed upon the observations made by Hon’ble
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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:
“...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
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counterfeited currency notes or banknotes punishable. Possession
and knowledge that the 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…"
13.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.
14.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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