AFTAB QURESSY Vs. UNION OF INDIA & ORS

JUDGEMENT

(1.) Heard Sri Arvind Mishra, counsel for the Petitioner, Sri Sudhir Mehrotra Assistant Government Advocate appearing on behalf of Respondent Nos. 2, 3, 4 and 5 and Sri Shachi Kant Mishra advocate on behalf of Union of India Respondent No. 1.

(2.) Counter and rejoinder-affidavits have been exchanged. The habeas corpus petition is taken up for final hearing.

(3.) The instant habeas corpus petition is preferred challenging the detention order of the Petitioner Aftab Quressy dated 16.1.2010, passed by the District Magistrate, Meerut. The Petitioner alongwith two other co-accused namely Mohd. Rafiq and Sadab Quressy were apprehended on 23.10.2009 at 2.30 p.m. by S.I. Rajesh Verma, S.O.G., district Meerut on receiving information that the accused are involved in dealing with fake currency notes. At the time of his arrest, 30 notes of denomination of Rs. 500 each serial numbers ; 6AH 542660 to 542664 5 notes, 6AH 543141 to 543142 2 notes, 6AH 543144 to 543151 8 notes, 6AH 543155 one note, 6AH 543162 to 543172 11 notes, 6AH 543178 to 543179 2 notes, 6AH 543188, total amount of Rs. 15,000 was recovered from him. All thirty notes recovered were counterfeit, use of these notes in the market would adversely affect the nation's economy as well as general public will be put to loss and they will have to suffer on account of these fake currency notes which would be circulated in the market. It was further alleged that these notes were brought from Nepal and used in India. A first information report at Case Crime No. 670 of 2009 was registered under Sections 420, 489A, 489B and 489C, I.P.C. and Case Crime No. 671 of 2009, Under Section 25, Arms Act against accused Shadab Quressy.