Skip to main content

'Mere possession of Fake Currency Notes not liable for IPC charges', rules High Court

 The Bombay high court (HC) recently granted bail to a 19-year-old man who was booked and arrested for allegedly possessing counterfeit notes.


The Court held that mere possession of counterfeit notes does not mean that there was an intention of knowingly using the notes on the part of the accused and hence the charges under Section 489B (using as genuine, forged or counterfeit notes) of the Indian Penal Code (IPC) doesn't apply to him.


A bench comprising of Justice Bharati Dangre, while hearing the bail application of a man named Vachkal, was informed by his advocate Murtuza Nazmi that his client had been booked and charge sheeted with two others for allegedly possessing counterfeit notes. Vachkal and others were booked under Sections 489B and other Sections of IPC.


According to the charge sheet, the anti-narcotic cell, Pune, had seized counterfeit notes of ₹500 and ₹2,000 denominations from the dashboard of a car during a raid. The officers found that Vachkal was in possession of three notes of ₹2,000 and one note of ₹500.The interrogation of the two arrested during the raid revealed name of the third person who was also later arrested but was granted default bail.


Nazmi submitted that prima facie the charge sheet against Vachkal doesn't contain any material to reflect the mens rea (criminal intent) on the part of the applicant who possessed the said notes, which are alleged to be counterfeit. In light of this, he sought bail for his client.

After hearing the submissions the court observed, “The applicant is merely found in possession of the counterfeit currency notes. The charge sheet did not contain any material to show that he was proposing to traffic or use the said notes as genuine or that he had knowledge or reason to believe that the said notes are forged or counterfeit. The applicant does not have any criminal antecedents and considering his young age, pending the trial, he cannot be incarcerated for long, particularly when on completion of investigation, the charge sheet has already been filed. He is, therefore, entitled to be released on bail.”

.

LEXIS AND COMPANY
"ADVOCATES AND LEGAL CONSULTANTS"
We are India’s Leading Law Firm
“The firm has always strives to create and implement innovative and effective methods of providing cost-effective, quality representation and services for our clients and will continue to meet and exceed the expectations of our valued clients.”

–    DR ANUPAM KUMAR MISHRA (ADVOCATE, FOUNDER-LEXIS AND COMPANY).

Get in Touch

LEXIS AND COMPANY.
C/O: DR ANUPAM KUMAR MISHRA.
OFFICE: A1B/26, JANAKPURI, GROUND FLOOR,
NEW DELHI,, DELHI, 110058.
INDIA.
lexisandcompany@gmail.com
CALL: +91-9830333388.
Labels:

Comments

Post a Comment

Popular posts from this blog

Physical Internship & Training Program - Legal (LEVEL - 1)

   Physical Internship & Training Program - Legal (LEVEL - 1) --- PLEASE READ THE COMPLETE JOB DESCRIPTION BEFORE APPLYING ---   Urgent Hiring for: LAW STUDENTS/CS STUDENTS/ FRESHER LAW GRADUATES/ FRESHER CS. Position: Physical Internship & Training Program - Legal (LEVEL - 1) Department: Legal. Firm Name: LEXIS AND COMPANY – LAW FIRM. Location: Janakpuri, New Delhi. CTC: RS 5000/- Per Month. Additional Allowance: All official expenses including travelling allowance for official purposes will be paid from the day 1 of the service with the firm.   We are urgently looking for LAW STUDENTS / CS STUDENTS / FRESHER LAW GRADUATES / FRESHER CS for the position of Physical Internship & Training Program - Legal (LEVEL - 1) for our Law Firm in Janakpuri, New Delhi.   Eligibility: Mandatory Qualification: Any LAW STUDENTS / CS STUDENTS / FRESHER LAW GRADUATES / FRESHER CS who wants to learn as a beginner. Desired Qualification: Any additional qualification  will be pre
Post a Comment
Read more

LAW INTERNSHIP AND TRAINEE OPPORTUNITY

  LAW INTERNSHIP AND TRAINEE OPPORTUNITY: LEXIS AND COMPANY, renowned for its excellence in the legal field, is thrilled to announce an exceptional internship and trainee opportunity for aspiring final year law students and newly enrolled Advocates. This highly coveted internship  and trainee opportunity  is a paid position, providing a remarkable platform for career growth and experiential learning in a corporate environment. Eligibility: Only for final year Students and Newly Enrolled Advocates. We are offering a limited number of vacancies, designed for law students and newly enrolled advocates in the dynamic world of the legal profession. This is an immediate joining opportunity, available to candidates who are interested to work in the area of commercial and civil litigation and have interest towards drafting, and legal research. As a team member at  LEXIS AND COMPANY,  you will refine your research and drafting skills while witnessing the meticulous professional conduct expected
Post a Comment
Read more

The Doctrine of Alternative Danger

  THE DOCTRINE OF ALTERNATIVE DANGER Although the plaintiff is supposed to be cautious in spite of the defendant’s Negligence, there can also be certain situations when the plaintiff is justified in taking some threat where some unsafe state of affairs has been created by way of the defendant. The plaintiff may appear as puzzled or worried through a hazardous state of affairs created via the defendant and to store his man or woman or property, or now and again to store a third party from such danger, he may take a choice risk. The law, therefore, lets in the plaintiff to come across a choice danger to shop by himself from the chance created via the defendant. If the path adopted by him results in some harm to himself, his motion in opposition to the defendant will now not fail. The judgment of the plaintiff, however, is not rash. The position can be defined by means of the case of Jones v . Boyce . In that case, the plaintiff used to be a passenger in the defendant’s train and instruct
Post a Comment
Read more