The petitioner applied for bail in a counterfeiting case involving large amounts of currency. The Single Judge dismissed the application, finding the offence involved trafficking beyond mere possession due to the recovery amount.
The original bail application was dismissed.
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Crl. Misc. No.M- 2024 of 2013(O&M) 1
IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH
Crl. Misc. No.M- 2024 of 2013(O&M) Date of Decision:23.01.2013
Rattan Singh
..... Petitioner
Versus
The State of Punjab
.... Respondent
CORAM:HON'BLE MR. JUSTICE VIJENDER SINGH MALIK
Present:Ms. G.K. Mann, Advocate for the petitioner.
VIJENDER SINGH MALIK, J.
Crl. Misc. No.3826 of 2013
Miscellaneous application is allowed as prayed for.
Crl. Misc. No.M-2024 of 2013
Regular bail is applied for by Rattan Singh, the petitioner under the provisions of section 439 Cr.P.C. in a case registered by way of FIR No. 3 dated 18.01.2012 at Police
Crl. Misc. No.M- 2024 of 2013(O&M) 2
Station State Special Operation Cell, District Amritsar, for an offence punishable under sections 489-A, 489-B, 489-C, 420 and 120-B IPC and sections 21 and 22 of the Narcotic Drugs & Psychotropic Substances Act, 1985.
Learned counsel for the petitioner has submitted that the only offence committed by the petitioner is one under section 489-C IPC for having kept in his possession counterfeit currency and the same is bailable. According to her, the petitioner is in custody since 18.01.2012 and he is entitled to bail.
Section 489-C IPC is bailable offence. It covers possession of counterfeit currency notes with the knowledge or with the reason to believe the same to be counterfeit. The other offences under sections 489-A and 489-B IPC deal with the aspects of counterfeiting currency notes and using the currency notes as genuine. They are non-bailable.
In the case in hand the recovery from the petitioner is of counterfeit currency of the value of more than Rs.9,00,000/-. The extent of this recovery clearly gives reason to presume that he is trafficking in counterfeit currency and it cannot be said that the offence committed by him is one under section 489-C IPC only.
Crl. Misc. No.M- 2024 of 2013(O&M) 3
Looking to the seriousness of the matter and the amount of counterfeit currency recovered from the petitioner, I do not find him to be entitled to bail.
The petition is, consequently, dismissed.
January 23, 2013 (VIJENDER SINGH MALIK) dinesh JUDGE
Rattan Singh
The State of Punjab
VIJENDER SINGH MALIK
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
