IMPORTANT POINT
Bail cannot be granted in offences of trafficking of forged counterfeit currency notes which pose challenge to economy of country which virtually amounts to waging financial war against country.

JUDGMENT

C. Praveen Kumar, J.—Heard Sri K. Nithin Krishna, learned counsel for the appellant and Sri N. Harinath, learned Assistant Solicitor General appearing for the 1st respondent.

2. Assailing the order dated 02.12.2020 passed by the Metropolitan Sessions Judge-cum-Special Judge for trial of N.I.A. Act Cases at Vijayawada in E-filing Case No.AP/10/CRL.M.P./119393/2020 in S.C.No.273 of 2018 in Rc.No.02/2015/NIA/HYD, wherein the request of the appellant for release on bail was rejected, the present Criminal Appeal came to be filed by the appellant/A.2 under Section 21 (1) (2) and (4) of the National Investigation Agency Act, 2008.

3. The facts of the case are as under:

i) On 21.09.2015, the officers of DRI, Regional Unit, Visakhapatnam seized Fake Indian Currency Notes (FICN) of face value of Rs.5,01,500/-from the possession of A.1, who is a resident of Manikpur village, Barpeta District, Assam, at Platform No.4 of Visakhapatnam Railway Station. The said seizure came to be made when A.1 was travelling by Train No.12510 Guwahati-Bengaluru Super Fast Express in Berth No.11, S-5 compartment. He confessed about smuggling of fake Indian currency notes into India from Bangladesh and that he is carrying them to Bengaluru. A.1 was arrested on 22.09.2015 and remanded to judicial custody. The seized fake Indian currency notes were sent for analysis and found it to be high quality fake/counterfeit Indian Currency Notes. Pursuant thereto, the Ministry of Home Affairs, Government of India, vide proceedings No.11034/110/2015-IS-IV, dated 16.12.2015, directed the NIA to take up the investigation in this case, which led to re-registration of the case for the offence punishable under Sections 489B and 489C IPC and Section 15 of the Unlawful Activities (Prevention) Act, 1967. After investigating the matter, a charge sheet came to be filed against A.1 initially on 29.07.2016 for the offence punishable under Section 489B and 489C of IPC and a supplementary charge sheet came to be filed against others for the offences punishable under Sections 16, 18, 18B and 20 of Unlawful Activities (Prevention) Act, 1967. At the time of filing of first charge sheet, permission was obtained from the court to continue further investigation against the petitioner/ A.2 and A.4.

ii) Basing on the information available, A.2, who is the petitioner/appellant, was arrested on 10.04.2018 in the presence of independent witnesses. During the custodial interrogation, he disclosed his involvement and arrest in 2012 and his release in June, 2015. Thereafter, he returned to his native village Palagachi in Malda, West Bengal, and met one Faruk, who asked him whether he is having any links with the persons involved in procurement/circulation of fake currency notes. It is said that while in custody, A.2 developed contact with A.3 and A.6 and after release he maintained contacts with them. According to him, he provided the mobile number of A.3 to Faruk and also communicated with A.3, by which Faruk will supply fake Indian currency notes to him. The said Faruk also asked the petitioner to open a bank account so that A.2 can receive deposits in lieu of supply of fake Indian currency notes. Accordingly, A.2 opened an account in Axis Bank in July, 2015 in the name of his wife Murtara Bibi with an amount of Rs.7,000/- given by Faruk, and thereafter, a large sums of money came to be transferred from various branches of Axis Bank in the account of the wife of A.2.

iii) It is the case of the prosecution that the petitioner supplied fake Indian currency notes of face value worth Rs.40 lakhs to A.3 and others, operating at Bengaluru. In the month of August, 2015, he provided FICN of face value of Rs.4-5 lakhs to A.1 in a Hotel adjacent to New Farakka Railway station. According to him, from July, 2015 to March, 2016, about Rs.30 lakhs fake Indian currency notes were supplied through A.1, A.3 and A.6. Pursuant to the above statement, one Samsung mobile and five SIM cards were seiz