High Court of Kerala
K.T. SANKARAN & M.L. JOSEPH FRANCIS, JJ.
Majeed Koliyad @ Mohamed Abdul Khader Majeed
Versus
State of Kerala, represented by The Public Prosecutor High Court of Kerala & Another
Crl. A. Nos. 1428, 1429, 1430 & 1431 of 2013 (C)
Decided On : 05-11-2013
National Investigation Agency Act,2008, Section. 2( 1)(g) - Offences under Chapter (VI) and Section.489A to 489E - Indian Penal Code - second F.I.R. in respect -Held, . Act defines 'Scheduled Offence' as "Scheduled Offence" means an offence specified in the Schedule". Offences under Chapter VI and Sections 489A to 489E (both inclusive) of the Indian Penal Code are included in the Schedule of N.I.A. Act-. registered a second F.I.R. in respect of each case. Re-registration and assigning new numbers was only for administrative and statistical purposes. Assigning new numbers by the N.I.A. would only avoid confusion. The N.I.A. has really appended the F.I.R. registered by the Kerala Police, along with the re-registered F.I.R. Nothing new is stated in F.I.R. submitted by NIA, in respect of the offences alleged in the cases.- Kerala Police still constitute the basis on which the investigation is continued by the N.I.A. No new allegations are added in the F.I.R. re-registered by the N.I.A. No prejudice would be caused to any of the accused in the cases, as a result of the procedure adopted by the N.I.A. The F.I.R.s submitted by the N.I.A. would only indicate that they have taken over the investigation of the four crimes registered by the Kerala Police.
K.T. Sankaran, J.
1. Since the appellant is the same in all these Criminal Appeals and since the prosecution case against the appellant is similar in nature, the four Criminal Appeals are being disposed of by a common judgment.
2. The appellant, namely, Majeed Koliyad alias Mohammed Abdul Khader Majeed was arrested by the officers of the National Investigation Agency (NIA for short) at the International Airport, Mumbai on 16.8.2013. He was produced before the Special Judge for NIA cases at Mumbai and later he was produced before the Special Court for the trial of NIA cases at Ernakulam on 19.8.2013. The appellant was remanded to judicial custody. He moved for bail. The Special Court for the trial of NIA cases dismissed the Bail Applications as per the orders dated 20th September 2013. The appellant filed the Criminal Appeals challenging the orders passed by the court below.
3. The facts leading to the registration of the four cases are the following:
4. On 16.8.2012, one Shereef alias Mohammed Shereef along with Madapurath Ayisha went to the office of the Assistant Engineer, Electrical Section, Kerala State Electricity Board for payment of OYEC charges and caution deposit for getting electricity connection to the house of Ayisha. On receipt of money from Shereef, the Cashier raised doubt about the genuineness of eight currency notes of the denomination of Rs.500/-. Thereupon Shereef gave another set of eight currency notes of the denomination of Rs.500/- and left the place. The cashier, after careful checking, again had suspicion about the genuineness of the currency notes. He handed over the currency notes to the Assistant Engineer, who reported the matter to the Station House Officer, Chandera Police Station. On realising that the currency notes were fake, Crime No.597 of 2012 of Chandera Police Station was registered under Sections 489B and 489C of the Indian Penal Code.
5. On 17.8.2012, the Assistant Manager of M/s.Malabar Gold, North Kottachery, Kanhangad reported to the police that one Abdul Jabbar and two others visited the jewellery shop and gave 180 fake Indian currency notes of the denomination of Rs.1,000/- after purchasing gold. Accordingly, Crime No.777 of 2012 of Hosdurg Police Station was registered under Sections 489B and 489C of the Indian Penal Code.
6. Crime No.600 of 2012 of Chandera Police Station was registered under Sections 489B and 489C on the allegation that on 18.8.2012, Abdul Jabbar and another person gave 63 fake currency notes of the denomination of Rs.1,000/-and 89 fake currency notes of the denomination of Rs.500/-after purchase of gold from Fashion Gold Mahal, Cheruvathoor.
7. Crime No.599 of 2012 of Chandera Police Station was registered under Sections 489B and 489C of the Indian Penal Code on the basis of the information given by the Managing Partner of M/s.Atlas Gold, Cheruvathur. It was alleged that on 15.8.2012, Abdul Jabbar, his wife and children went to M/s. Atlas Gold and purchased gold ornaments for Rs.74,019/-. They sold old jewellery worth Rs.17,164/-. After adjusting that amount, and deducting discount, Abdul Jabbar paid Rs.52,500/- in cash. On 18.8.2012, the defacto complainant came to know from the newspaper that one Jabbar was arrested by Hosdurg police while purchasing gold ornaments using fake Indian currency notes. He identified the person from the photograph published in the newspaper, as the person who purchased gold ornaments from his shop on 15.8.2012. He rushed to the State Bank of Travancore, Cheruvathur Branch and checked the currency notes given by Abdul Jabbar and it was found that all the currency notes given by Abdul Jabbar were fake. The matter was reported to the police and accordingly, the crime was registered.
8. Originally, there were only four accused in each of the crimes. Later, the investigation of the case was handed over to CBCID and the four crimes were re-registered by them. CBCID filed reports to incorporate the names of some more accus
Narmada Bai v. State of Gujarat ((2011) 5 SCC 79)
Anju Chaudhary v. State of Uttar Pradesh and another ((2013) 6 SCC 384)
Reeta Nag v. State of W.B.((2009) 9 SCC 129) and Vinay Tyagi v. Irshad Ali ((2013) 5 SCC 762)
T.T.Antony v. The State of Kerala ((2001) 6 SCC 181)
Yanob Sheikh alias Gagu v. State of West Bengal ((2013) 6 SCC 428)
Surender Kaushik and others v. State of Uttar Pradesh and others ((2013) 5 SCC 148)
Amitbhai Anilchandra Shah v. Central Bureau of Investigation and another ((2013) 6 SCC 348
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