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2017 Supreme(AP) 287

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH
C.V. Nagarjuna Reddy and M.S.K. Jaiswal, JJ.
Shaik Akram & Ors. - Appellants
Versus
National Investigation Agency Rep. by its Special Public Prosecutor High Court of Judicature at Hyderabad For the State of Telangana and the State of Andhra Pradesh - Respondent
Criminal Appeal Nos.172, 175 and 311 of 2015
Decided On : 20-01-2017

Advocates Appeared:
For the Appellants : Mr. A.T.M. Rangaramanujam, Senior Counsel, for Mr. T. Prasanna Kumar & for Mr. D. Purna Chandra Reddy, Counsel.
For the Respondent: Mr. P. Vishnuvardhan Reddy, Special Public Prosecutor, National Investigation Agency.

Headnote:

Unlawful Activities (Prevention) Act 1967 - Sections 16 and 18 - Indian Penal Code (IPC) and - Sections 489-B, 489-C, 120-B - Indian Telegraph Act, 1885 - Section 5 - Guilty for offence - Indian Panel Code and accordingly by judgment were convicted and sentenced to undergo rigorous imprisonment for five years each and also to pay a fine of each in default to undergo simple imprisonment for six months each - Feeling aggrieved thereby appellants filed these appeals on credible information that accused and others were circulating Fake Indian Currency notes denominations mobile phone numbers of accused and others were lawfully intercepted after taking necessary permission from Ministry of Home Affairs - Government of India and conversations that took place on intercepted phones were recorded - From said intercepted conversations on mobile phones it was revealed that accused who worked at Infrastructure district Andhra Pradesh and others formed into a group and indulged in smuggling of FIC notes denominations from hostile country for circulation of same in India as a part of larger conspiracy to destabilize monetary system of India - They were allegedly raising funds for terrorist activities by way of earning genuine currency notes against FIC notes circulated by them Government of India gave permission for registration of case and accordingly a case - Held, Evidence given in a court under oath has great sanctity which is why same is called substantive evidence - Statements Criminal Procedure Code can be used only for purpose of contradiction and statements Criminal Procedure Code can be used for both corroboration and contradiction - In a case where Magistrate has to perform duty of recording a statement is under an obligation to elicit all information which witness wishes to disclose as a witness who may be an illiterate rustic villager may not be aware of purpose for which he has been brought and what he must disclose in his statements Criminal Procedure Code - Hence Magistrate should ask witness explanatory questions and obtain all possible information in relation to said case - So far as statement of witnesses recorded is concerned object is twofold in first place to deter witness from changing his stand by denying contents of his previously recorded statement and secondly to tide over immunity from prosecution by witness – Appeal dismissed (Para 43)

JUDGMENT :

C.V. Nagarjuna Reddy, J.

Accused Nos.25, 26 and 27 in Special Sessions Case No.2 of 2013, on the file of the I Additional Metropolitan Sessions Judge-cum-Special Judge for the Trial of Cases under the National Investigation Agency Act, Hyderabad, are the appellants in these Criminal Appeals. Accused No.26 filed Criminal Appeal No.175 of 2015, accused No.27 filed Criminal Appeal No.172 of 2015, and accused No.25 filed Criminal Appeal No.311 of 2015. They, along with twenty-one other accused were prosecuted for the offences under Sections 489-B, 489-C, 120-B of the Indian Penal Code (IPC) and Sections 16 and 18 of the Unlawful Activities (Prevention) Act 1967 (for short "the UAP Act") as amended upto 2008, by the learned Sessions Judge. They were found guilty for the offence under Section 489-B IPC and accordingly by judgment dated 19.02.2015 were convicted and sentenced to undergo rigorous imprisonment for five years each and also to pay a fine of Rs.1000/- each, in default to undergo simple imprisonment for six months each. Feeling aggrieved thereby, the appellants filed these appeals.

For convenience, the appellants in Criminal Appeal Nos.311, 175 and 172 of 2015 are referred to as accused Nos.25, 26 and 27 respectively.

2. Though these appeals are confined to three accused mentioned above, the offence held proved against them is part of a larger transaction involving in all twenty-eight accused. The National Investigating Agency (NIA) has filed separate sets of charge sheets against different accused, grouping them separately based on the roles played by them. Since in the present cases, we are concerned with accused Nos.25 to 27, it will suffice if the contents of the charge sheet filed by the NIA against them are referred to.

Prosecution case:

3. On credible information that accused No.1 and others were circulating Fake Indian Currency notes (for short, "FIC notes") of Rs.500/- and Rs.1000/- denominations, the mobile phone numbers of accused No.1 and others were lawfully intercepted under Section 5 of the Indian Telegraph Act, 1885 after taking necessary permission from the Ministry of Home Affairs, Government of India and the conversations that took place on the intercepted phones were recorded. From the said intercepted conversations on mobile phones, it was revealed that accused Nos.1, and 2 - who worked at Ramky Infrastructure (ORR Project), Patancheru, Medak district, Andhra Pradesh, and others formed into a group and indulged in smuggling of FIC notes of Rs.500/- and Rs.1000/- denominations from hostile country for circulation of the same in India as a part of larger conspiracy to destabilize the monetary system of India. They were allegedly raising funds for terrorist activities by way of earning genuine currency notes against the FIC notes circulated by them. Vide Order No.11034/36/2011-IS-IV, dated 28-12-2011, the Government of India gave permission for registration of the case and accordingly a case in Cr.No.1/2012/NIA/Hyd was registered against accused Nos.1, 2 and others under Sections 489-B, 489-C read with Section 120-B IPC and Sections 15, 17 and 18 of the UAP Act.

4. Accused No.1, who was arrested on 6-1-2012 in Malda district, West Bengal State, confessed the offence and revealed the names of other persons, who were arrayed as accused Nos.3 to 22, apart from accused No.2. Accused No.17 is a Pakistan National and he supplied FIC notes to accused No.18, who is a Bangladesh National, for circulation in India. Accused No.18, in association with accused Nos.1, 19 and others got the FIC notes smuggled into India and circulated the same.

5. While the case was under investigation, credible information was received to the effect that accused No.17, who was residing in Dubai, was smuggling FIC notes into India for circulation in association with accused Nos.24 and 25. Discreet enquiries were caused and it came to light that accused No.25 sent a parcel containing FIC notes from Bengaluru to accused No.24, who was













































































































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