SYED HAMEEDUDDIN Vs. STATE OF A P

JUDGEMENT

(1.) The petitioner is Accused No.19 in Crime No.1 of 2003 of Police Station, Special Investigation Team (SIT), Hyderabad. He along with others is alleged to have committed offence under Sections 255, 258, 259, 420 and 120-B of Indian Penal Code (IPC) and also under Sections 64(c) and 69(b) of Indian Stamp Act, 1899 and Section 3 of Andhra Pradesh Control of Organised Crime Act, 2001 (APCOCA). He filed present petition seeking bail under Sections 437 and 439 of Code of Criminal Procedure. 1973 (CrPC). Initially, the case was registered by the State Police and later the same was transferred to Central Bureau of Investigation (CBI) as per the orders of the Supreme Court and was registered as Rc.No.4(E)/2004/CBI/EOW-I/DLI. The CBI after investigation filed a charge-sheet and the case was taken on file and registered as C.C. No.4 of 2004 on the file of the Court of Special Judge for trial of cases under APCOCA-cum-I Additional Metropolitan Sessions Judge, Hyderabad.

(2.) As per the charge-sheet filed by CBI on 1-10-2004 the case of the prosecution in brief is as follows. Accused No.l, Abdul Karim Telgi is leader of organized crime syndicate. The criminal syndicate engaged in sale and circulation of fake stamps in State of Andhra Pradesh and Hyderabad in the name and style of M/s. Sams Services, and M/s. Star Services since 2001. Accused No.19 is active member of the criminal syndicate and by using licence issued to another person he circulated fake stamps illegally and that Accused No.13 Khadersha Mohammed Yousuf Singoti @ Sajju confessed to the effect that he handed over stock of fake stamps to Mohd. Abdul Waheed, Accused No.2 and Syed Hameeduddin, Accused No.19 as many as ten to twelve times at Metro Exports Office, of Accused No.l, at Bombay, and at Gulf Hotel, in Bombay. Accused No.2 Mohd. Abdul Waheed Quadri in his confessional statement stated that the petitioner/Accused No.19 removed stock of stamps from the premises of M/s. Star Services on 8-11-2001 when the police raided premises of M/s. Sams Services. As per the confessional statement of Badruddin, Accused No.11, petitioner arranged office space of Model House, Punjagutta to accommodate representatives of M/s. Star Services in the month of October 2001 and also made arrangements of Begumpet in June 2002 with the active assistance of Patwegar Abdul Waheed (Accused No.9) in the name of Aqueel Patel for accommodating representatives of M/s. Star Services on monthly rent of Rs.7,500/- and also paid advance of Rs.30,000/-. As per the charge-sheet Accused No.19 also took Flat No.G-4 in Asha Residency, Bazarghat, Hyderabad from one Mohd. Shafeeq on monthly rent of Rs.1,800/- where he stored fake stamps of various denominations which were recovered in Crime No.73 of 2002 of P.S. Dharavi Crime Branch, Bombay on 29-7-2002 to the tune of Rs.3.67 crores. The charge-sheet also attributes different culpable acts of commission to the petitioner in support of the allegation that he is an active member of the organized crime syndicate headed by Accused No.1.

(3.) The petitioner was arrested on 7-4-2004 and since then he is in judicial custody. He moved an application before this Court for bail. This Court by order dated 17-1-2005 in Cri.P. No.6086 of 2004 dismissed the said application. Again, petitioner filed present petition for bail just after a month's period.