DIRECTORATE OF REVENUE INTELLIGENCE Vs. MOHD ANWAR

JUDGEMENT

(1.) By the present petition, the Petitioner has assailed order dated 20th April, 2010 passed by learned ACMM-01, New Delhi whereby the ACMM discharged the accused.

(2.) The accused was booked by the Petitioner department under Section 135 of the Customs Act since the accused was found carrying fake Indian currency notes smuggled into India through Pakistan. The Customs Department had received specific intelligence and the accused was intercepted at ISBT Kashmere Gate. His search was conducted after following the procedure as prescribed under law. Fake Indian currency notes of denomination 1000/- and 500/- having total value of 14,97,000/- were found in his possession. Since the case was to be filed by the customs department under Section 135 of the Customs Act, a sanction was obtained for prosecution of the accused under the Customs Act and a complaint was filed before the learned ACMM for prosecution of the accused for smuggling into India fake Indian currency notes. The Petitioner after filing complaint case, in order to show that it was a good prima facie case for trial of the accused, examined PW-1 Devender Prasad, Intelligence Officer who had conducted the raid and recovered fake Indian currency notes. Statement of accused had also been recorded under Section 108 of the Customs Act wherein the accused admitted the aforesaid recovery. PW-2 S.K. Sharma Superintendent of Customs was examined before the learned ACMM. PW-3 Pankaj Sharma, Assistant Nodal Officer, Idea Cellular Ltd. had testified in Court in respect of mobile phone recovered from the accused and the call made from his phone.

(3.) All these witnesses were examined at the stage of pre-charge evidence. PW-1 proved panchnama of recovery as Exh. PW-1/B, he proved annexure to the panchnama as Exh. PW-1/C1 to C7. He proved notice issued to the accused for his search as Exh. PW-1/A. The fake currency notes recovered from the accused were produced in the Court in sealed position and seal was opened in the Court itself. The fake currency notes of 1000/- denomination was proved collectively as Exh. P-5 and 500/- denomination notes were proved collectively as Exh. P-6. The other seized material was also proved by the witnesses. The report from government treasurary Nasik about notes being fake was also proved. These witnesses were cross examined on behalf of the accused. However except giving bald suggestion that the accused was falsely implicated and the case was a false case no other suggestion was given. PW-2 proved statement of accused recorded under Section 108 of the Customs Act and he also proved different summons sent by him to the accused for this purpose. The sanction obtained from the competent authority was placed on record by the Petitioner and it was proved by PW-1.