Dismissed

Office of Superintendent of Police CBI v. Mohd Yousuf

Rajasthan HC12 Mar 2019CRLA/22/2016

Case brief

AI extract

What is this about?

In this criminal appeal, the CBI challenged the acquittal of an accused carrying fake currency notes, arguing possession was sufficient for conviction. The High Court found no merit, ruling that since witnesses admitted the notes were exchanged at a private exchanger, the accused lacked requisite knowledge.

What did the court decide?

Criminal appeal dismissed and record returned to lower court; accused directed to be deported forthwith.

Office of Superintendent of Police CBI Vs Mohd Yousuf — Money Laundering | Rajasthan HC (2019)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Appeal No. 22/2016

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Office Of Superintendent Of Police Central Bureau of Investigation, Near Gukulji Ki Pyau Lal Sagar, Magra punjala, Jodhpur, through Special Public Prosecutor, CBI Jaipur

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----Complainant-Appellant

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Versus

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Mohd Yousuf S/o Shri Shahbudeen, Resident of House No.10/140, G Ward, Gulshah Bukhari Road, P.O. Cloth Market, Hyderabad, Sindh, Pakistan National (Private Person)

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----Accused-Respondent

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For Appellant(s) : Mr. Ashwini Kumar Sharma, CBI For Respondent(s) : Mr. Mohit Khandelwal & Mr. Pranjal Vyas for Mr. Deepak Chauhan

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HON'BLE MR. JUSTICE PANKAJ BHANDARI

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Judgment / Order

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12/03/2019

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Complainant-appellant has preferred this appeal aggrieved by judgment and order dated 10.03.2014, passed by Special Judge (Fake Currency Note Cases) Jaipur City, Jaipur, whereby the accused-respondent has been acquitted for offence under Section 489-B & 489-C IPC.

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Succinctly stated facts of the case are that on 23.02.2013, accused-respondent along with his wife and son visited India through Mubabao Railway Station in Thar Express. At Munabao Counter, out of 60 notes of 500 of Indian Currency, 40 currency notes were found to be fake. A complaint was lodged with the CBI Jodhpur on 26.02.2013, with regard to the above incident. CBI after due investigation submitted charge-sheet against the

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(2 of 4)

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[CRLA-22/2016]

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accused-respondent. Charges were framed against the accusedrespondent under Section 489-B & 489-C of IPC. As many as ten witnesses have been examined on behalf of the prosecution, twenty two documents have been exhibited and eight articles were also produced. Explanation of the accused was recorded by the Court under Section 313 Cr.P.C. After hearing the arguments, Court has acquitted the accused-respondents, aggrieved by which CBI has preferred this appeal.

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It is contended by counsel for the complainantappellant that the accused-respondent was carrying fake currency. He was not entitled to bring Indian Currency. Out of sixty currency notes, forty currency notes of denomination of 500 were found to be fake. It is argued that the forty currency notes were not having safety thread, paper was thicker than that of normal paper. Size was also smaller than the original currency.

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It is contended that being in possession of fake currency is an offence under Section 489-C of the IPC. Reliance in this regard has been placed on “Ponnuswami vs. State” 1995 Criminal Law Journal 2658, wherein it was held that if a person is found in possession of fake currency and he is unable to disclose as to from where he had obtained the currency note, conviction under Section 489-B and 420 IPC is proper.

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Counsel for the accused-respondent has opposed the appeal. His contention is that the accused-respondent was not having any knowledge that the currency was counterfeited. It is contended that as per Section 489-B & 489-C of IPC, if a person is in possession of counterfeit currency notes or bank notes, knowing or having reason to believe the same to be forged or counterfeit, he shall be considered to be guilty and can be punished. It is

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(3 of 4)

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[CRLA-22/2016]

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contended that from the statement of PW-1, Kuldeep Kumar Singh, it is evident that accused-respondent had brought the currency after getting the Pakistani Currency exchanged from an Offical Exchanger. It is also contended that all the witnesses examined on behalf of the prosecution, have admitted that the fake currency and genuine currency were almost similar and it was not possible for an ordinary persons to differentiate between the two.

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It is also contended that even after acquittal by the Court, accused-respondent was not deported as his Visa had expired and the appeal was pending before the High Court. It is contended that the accused-respondent had earlier also visited India but he was not found involved in commission of any offence on earlier occasions. It is also contended that the accused-respondent is suffering from brain tumor. He is kept in Camp Jail as he cannot be released on account of not having a valid Visa.

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I have considered the contentions and have gone through the record of the case.

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Kuldeep Kumar Singh PW-1 in his cross-examination has admitted that in investigation, it was found that the currency which accused-respondent had brought from Pakistan was brought by him after getting the money exchanged by a money exchanger at Hyderabad. He has admitted that he found that fact to be true and accordingly, he submitted the report to the Higher Authorities. 9. PW-3 Vimal Meena has admitted that the accusedrespondent was not able to read Hindi and English and that a translator was not provided to him. He has also admitted that all the currency which was received from accused-respondent appeared to be original. This witness has also admitted that the

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(4 of 4)

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[CRLA-22/2016]

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conduct of accused-respondent was normal, he had come to India to attend the marriage of his brother-in-law. He has also admitted that accused-respondent had got the money exchanged from a private exchanger at Pakistan. Similar is the statement of other witnesses produced on behalf of the prosecution.

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When accused-respondent has got the money exchanged from a private exchanger from Pakistan, which fact has not been disputed by prosecution witnesses, he was not having any reason or knowledge that the currency which he was carrying was counterfeit currency. Once the prosecution witnesses admitted that accused-respondent had got the money exchanged from private exchanger at Hyderabad, offence under Section 489-B & 489-C of IPC cannot be made out against him.

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Learned Court below has not committed any error in acquitting the accused-respondent. I do not find any merit in the appeal preferred by CBI. The same deserves to be dismissed.

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The criminal appeal is, accordingly, dismissed. Record of the Court below be returned forthwith. 13. Looking to the ailing condition of accused-respondent, he be deported forthwith, if not wanted in any other case.

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(PANKAJ BHANDARI),J.

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Arti/35

Office of Superintendent of Police CBI v. Mohd Yousuf

Case brief

What is this about?

What did the court decide?

Office of Superintendent of Police CBI v. Mohd Yousuf

Case brief

What is this about?

What did the court decide?

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