PRABAKARAN ALIAS SEKAR Vs. INSPECTOR OF POLICE

JUDGEMENT

(1.) PRAYER in Crl.R.C: Criminal Revision Petition filed under 397 r/w 401 Cr.P.C. to set aside the order dated 13.10.2008 in Crl.M.P.No.2720 of 2008 on the file of the Judicial Magistrate, Arakkonam, Vellore District and further order to return of coins to the petitioners under such terms and conditions. The brief facts which are necessary for the disposal of the above Crl.O.P. and Crl.R.C. are set out below: The respondent in the course of conducting vehicle check up on 01.04.2008 checked one private bus -Sri Lakshmi Saraswathi Bus Service- bearing Register No.TN-23-AD-5699 and found the petitioners sitting on the back side of the driver seat in possession of ten gunny bags with coins when enquired, they are alleged to have stated that the coins were bought from Andhra Bank at Srikalahasti Branch on 31.03.2008 the said confession statement was recorded and gunny bags containing the coins were seized the coins found in the possession of the petitioners were of following denomination and value: Rupees Amount in Rupees 5 57,270 21 32,000 16,000 50 paise 9,725 25 paise 1, 400 Total 1,16,395

(2.) SINCE the petitioners were found in possession of small coins and they were not in a position to produce the necessary documents to show as to how they are in possession of the same, a case in Cr.No.229 of 2008 was registered against them under Section 4 of the Small Coins (Offences) Act, 1971 and the coins were seized and the accused were remanded to judicial custody. The above Crl.O.P. Has been filed seeking to quash the First Information Report in Cr.No.229 of 2008.

(3.) THE learned counsel also drew the attention of this Court to the averments contained in paragraph 6 of the counter statement which reads as follows: -6. It is further submitted that on 06.08.2008 I enquired the Branch Manager of Andhara Bank, Srikalahasti Branch, Chittoor District, Andhara Pradesh and given a letter to me stating that they received 4.92 lakhs of coins and currency around 38 lakhs on 26.3.2008 from Srikalahasti Devasthanam and accused persons given a requisition letter on 31.3.2008 requesting coins for Rs. 2,00,000/-. But they only given Rs.1,16,395/- coins. This is purely exchange of currency with coins except letter of party, we have no other details of transaction. As per records available the letter is given on 31.03.2008 but exact time of delivery is not ascertainable. THEy also informed that they will exchanging coins for currency customers at the time of hundi Collection whoever approaches them for coins.-