Saudi Arabian Riyal currency numberes of Rs.500/ denomination were found and in all total 88 numberes were found.
Following investigation, the chargesheet came to be filed against the appellant inter alia PROCEEDINGS BEFORE THE SESSIONS JUDGE Though the appellant companytended before the Sessions Judge that apart from the statement of the companyaccused, there was numbermaterial to proceed against the accused appellant and that only on the basis of the statement by companyaccused, numbercase companyld be made out against the appellant, and still further, it was companytended that the statement made by the companyaccused was barred by Section 25 of the Indian Evidence Act, 1872, however, it was found by the Sessions Judge that the whole recovery procedure was made in the presence of panchas and, accordingly, the plea for discharge of the appellant was rejected as there was some evidence against him, and without recording evidence, it was number possible to companye to the companyclusion that there is numberevidence against the appellant.
Thus, the aforesaid accused number1 Mahamad Rafik Abdul Hamid Kagde, residing at Savri Hagadi Chawl, Golanji Road, Mumbai 15, accused number2 Salimbhai Mahemudbhai Shaikha, residing at inside Shahalam Darwaja, Rasulabad Society, Ahmedabad, accused number3 Usmangani Mahamadbhai Malek residing at Shahalam, Ahmedabad and accused number4 Dipak Jagdish Patel, residing at B 2 Aashiyana Flat, Nava Wadaj, Ahmedabad in companylusion with each other, showing the fake Saudi Arebiya currency Riyal of Rs.500/ denomination as original and keeping such numberes in their possession to sale such fake currency numberes as original with fair price, the accused have companymitted the offence punishable under Section 489B, C of the Indian Penal Code and this is my legal companyplaint against these accused persons.
The Court made reference to the seizure of companynterfeit currency numberes from the place of offence, i.e., residence of the appellant.
It can be companysidered only at the trial.
While asking them one by one before the panchas regarding such numberes, it was found that number1 had taken such numberes from Mumbai prior to 15 days and had stated that he talked with his friend Jagdishchandra Patel residing at D 2 Aasiyana Flat, Nawa Vadaj, Ahmedabad to sale him these fake Riyal currency to as original with fair price and today, after taking such numbere from the house of Dipak by the accused number1 handed over it to the accused number2 and 3 and after preparing the panchnama of such numberes, seized it by packing it in separate packets and applying seals.
The petition under Section 482 Cr.
Currency numberes were seized by the Investigating Officer in the presence of the witnesses, and therefore, their statements would also be companysidered by the trial companyrt, while they would be examined by the companyrt companycerned.
Indian currency numberes found from one or two out of them had been returned by way of panchnama and that panchnama was companypleted at about Illegible .
PROCEEDINGS BEFORE THE HIGH COURT In the High Court, the learned Single Judge, after referring to the allegations made against the accused appellant, rejected the plea that the case against the appellant be number companytinued as it seemed that from the averments and arguments of the learned APP, statements of the companyaccused were recorded by the police wherein involvement of the appellant was found particularly of fake currency numberes having been found at the residence of the appellant.
8927 caught the accused number3 and while asking his name and address, he stated his name is Usmangani Mahamadbhai Malek residing at Musamiyani Chali, Rasulabad Shahalam, Ahmedabad and from his hand, 2 number.
on 10.04.1996 at about 13.00, we got information from the superior officer of the ATS that Mahamad Rafik Abdul Hamid Kadge of Mumbai and Salim Mahebub Shaikh of Ahmedabad Sahalam, both are selling fake currency numbere of Arabian companyntry as original on the road going towards numberle building located at the edge of Nehrubridge, Ashram Road, Ahmedabad on fair rate and therefore, while receiving such legal instruction, two panch persons had been called at the office of ATS and after informing them about such information and they expressed their companysent to remain as panchas therefore, after companypleting the first part panchnama at about 14.00 to 14.15 therein, I myself, panchas and PSI Shri NB Jadeja, Shri BR Karavadra, Shri PV Rathod, Shri NV Kapiriya, Shri KK Desai and Police companystable Shri Rameshkumar Sevadas Lashkari, Bhagwatsingh Madarsinh and police Constable Amirkhan Rasulkhan and Dashrathsinh Bhagubha etc reached in government and private vehicles opposite the Natraj cinema at Ashram Road, Stopping their vehicles there and taking walk reached near Noble Building as well as on the road nearby the Petrol pump and found that three persons were standing nearby the road and doing some transaction and while making talk with them, we stopped them at that place wherein we introduced ourselves as Police and panchas and informed them about personal search and I caught accused number1 and while asking his name and address, he stated his name as Mahamad Rafik Abdul Hamid Kadge residing at Sachhvari Dagadichawl Golanji Rahil Road, Mumbai 15 and during the search, 43 numberes of Saudi Arabian Riyal currency of Rs.500/ denomination were found and PSI Shri NB Jadeja caught the accused number2 and while asking his name before the panchas, he stated his name as Salimbhai Mahemudbhai Shaikh, residing at inside Shahalam Darwaja, Rasulibad society, Ahmedabad and during the search 43 numberes of Saudi Arabian riyal currency of Rs.500/ denomination were found and police companystable Shri Bhagwatsinh Madarsinh buckle No.
The panchas, police persons and whatever will be companye out in the investigation are my witnesses and the accused number1,2,3 are arrested today ie, on 10.04.1996 at 17.00 oclock.
was filed challenging the companyplaint and the Order passed by the Sessions Court rejecting the request of the appellant to discharge him of the offences under Sections 489B and 489C of the Indian Penal Code, 1860 hereinafter referred to as the IPC for short .
PC for short .
M. JOSEPH, J. This appeal by special leave granted by this Court is directed against the judgment of the High Court of Gujarat at Ahmedabad dismissing Signature Not Verified Digitally signed by the Special Criminal Application No.1230 of 2009 SANJAY KUMAR Date 2019.04.24 125830 IST Reason filed by the appellant under Section 482 of the Code of Criminal Procedure, 1973 hereinafter referred to as the Cr.
