JASWINDER KAUR @ BABY Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is a petition filed by Smt. Jaswinder Kaur @ Baby under Section 482 Cr.P.C. for quashing FIR No. 25 dated 1.2.2001 registered under Sections 411, 414 IPC read with Sections 3B and 3C of Foreign Exchange Management Act at Police Station Division No. 6, Jalandhar, against her.

(2.) BRIEFLY stated, the facts are that a secret information was received that the petitioner, after converting the foreign currency into Indian currency, distributed Hawala money by illegal way which caused damaged to the Indian economy. It was next alleged that if a Naka was held, then the petitioner could be apprehended with Hawala money. On the basis of the secret information, case was registered under Sections 411 and 414 IPC read with Sections 3B and 3C of the Foreign Exchange Management Act (for short, "the Act"). The petitioner was apprehended from a vehicle and Indian currency of Rs. 2.75 lacs was recovered from the vehicle.

(3.) THEREFORE , first of all, the amount recovered from the petitioner is not a stolen property and secondly, no complaint has been lodged anywhere that the petitioner had committed theft of any property. There is also no allegation that the petitioner had assisted any person in concealment of the stolen property. Thus, no offence under Sections 411 and 414 IPC is made out.