SHAIK AKRAM Vs. NATIONAL INVESTIGATION AGENCY

JUDGEMENT

(1.) Accused Nos.25, 26 and 27 in Special Sessions Case No.2 of 2013, on the file of the I Additional Metropolitan Sessions Judge-cum-Special Judge for the Trial of Cases under the National Investigation Agency Act, Hyderabad, are the appellants in these Criminal Appeals. Accused No.26 filed Criminal Appeal No.175 of 2015, accused No.27 filed Criminal Appeal No.172 of 2015, and accused No.25 filed Criminal Appeal No.311 of 2015. They, along with twenty-one other accused were prosecuted for the offences under Sections 489-B, 489-C, 120-B of the Indian Penal Code (IPC) and Sections 16 and 18 of the Unlawful Activities (Prevention) Act 1967 (for short "the UAP Act") as amended upto 2008, by the learned Sessions Judge. They were found guilty for the offence under Section 489-B IPC and accordingly by judgment dated 19.02.2015 were convicted and sentenced to undergo rigorous imprisonment for five years each and also to pay a fine of Rs.1000/- each, in default to undergo simple imprisonment for six months each. Feeling aggrieved thereby, the appellants filed these appeals.

(2.) Though these appeals are confined to three accused mentioned above, the offence held proved against them is part of a larger transaction involving in all twenty-eight accused. The National Investigating Agency (NIA) has filed separate sets of charge sheets against different accused, grouping them separately based on the roles played by them. Since in the present cases, we are concerned with accused Nos.25 to 27, it will suffice if the contents of the charge sheet filed by the NIA against them are referred to.

(3.) On credible information that accused No.1 and others were circulating Fake Indian Currency notes (for short, "FIC notes") of Rs.500/- and Rs.1000/- denominations, the mobile phone numbers of accused No.1 and others were lawfully intercepted under Section 5 of the Indian Telegraph Act, 1885 after taking necessary permission from the Ministry of Home Affairs, Government of India and the conversations that took place on the intercepted phones were recorded. From the said intercepted conversations on mobile phones, it was revealed that accused Nos.1, and 2 - who worked at Ramky Infrastructure (ORR Project), Patancheru, Medak district, Andhra Pradesh, and others formed into a group and indulged in smuggling of FIC notes of Rs.500/- and Rs.1000/- denominations from hostile country for circulation of the same in India as a part of larger conspiracy to destabilize the monetary system of India. They were allegedly raising funds for terrorist activities by way of earning genuine currency notes against the FIC notes circulated by them. Vide Order No.11034/36/2011-IS-IV, dated 28-12-2011, the Government of India gave permission for registration of the case and accordingly a case in Cr.No.1/2012/NIA/Hyd was registered against accused Nos.1, 2 and others under Sections 489-B, 489-C read with Section 120-B IPC and Sections 15, 17 and 18 of the UAP Act.