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2019 (4) TMI 2034 - SC - Indian LawsSmuggling - Currency - Appellant emphasized that the High Court has fallen into error in holding that recovery of counterfeit currency was effected from the residence of the Appellant - ingredients of Section 489B and 489C of the Indian Penal Code have been established or not - whether the Appellant is justified in contending that the High Court fell into error in holding that the recovery was effected of the counterfeit currency from the residence of the Appellant? - HELD THAT - When a person is named as an Accused in First Information Report, he would stand in the shoes of an Accused person. Does not the marginal note of Section 161 of the Code of Criminal Procedure confine the power to the Police Officer to examine the witnesses and will it be denied to him qua a person who is already named as an Accused? These questions are no longer res integra. In NANDINI SATPATHY (SMT.) VERSUS P.L. DANI 1978 (4) TMI 236 - SUPREME COURT a Bench of three learned Judges was dealing with a case which arose from proceedings initiated against the Appellant therein Under Section 179 of the Indian Penal Code and it was held that The Privy Council and this Court have held that the scope of Section 161 does include actual Accused and suspects. Proceeding on the basis that it is a confession by a co-accused and still proceeding further that there is a joint trial of the Accused and that they are Accused of the same offences (ignoring the fact that other Accused are absconding and Appellant appears to be proceeded against on his own) and having found that there is no recovery from the residence of the Appellant of the counterfeit notes and that there is no other material on the basis of which even a strong suspicion could be aroused, it is mandate of the law that requires to free the Appellant from being proceeded against. Appeal allowed.
Issues Involved:
1. Legality of High Court's dismissal of the Special Criminal Application filed by the Appellant under Section 482 of the Cr.PC. 2. Validity of the charges under Sections 489B and 489C of the IPC against the Appellant. 3. Admissibility of statements made by the Appellant and co-accused under Section 161 of the Cr.PC and their evidentiary value. 4. Applicability of Section 25 of the Indian Evidence Act regarding confessions made to police officers. 5. Principles governing the framing of charges and discharge under Sections 227 and 228 of the Cr.PC. Detailed Analysis: 1. Legality of High Court's Dismissal: The Supreme Court examined the High Court's dismissal of the Special Criminal Application No. 1230 of 2009. The High Court had rejected the plea for discharge, noting that the statements of the co-accused indicated the Appellant's involvement and that counterfeit currency notes were found at the Appellant's residence. The Supreme Court found that the High Court erred in its conclusion regarding the location of the recovery of counterfeit currency, which was not from the Appellant's residence but near a public road. 2. Validity of Charges Under Sections 489B and 489C of the IPC: The Supreme Court scrutinized the charges under Sections 489B and 489C of the IPC. The Appellant argued that the ingredients of these sections were not established, emphasizing the requirement of mens rea, i.e., knowledge or reason to believe the currency notes were counterfeit. The Court referred to precedents, including Umashanker v. State of Chhatisgarh, which highlighted the necessity of proving mens rea for these offences. The Court concluded that the prosecution failed to provide material evidence to show the Appellant had the requisite mens rea. 3. Admissibility of Statements Under Section 161 of the Cr.PC: The Supreme Court evaluated the admissibility of statements made by the Appellant and co-accused under Section 161 of the Cr.PC. It was noted that statements made to police officers during investigation are inadmissible in evidence as per Section 162 of the Cr.PC. The Court emphasized that even if such statements contain admissions, they are barred from being used as substantive evidence. 4. Applicability of Section 25 of the Indian Evidence Act: The Court discussed Section 25 of the Indian Evidence Act, which renders confessions made to police officers inadmissible. The Appellant's statement dated 11.04.1996, made to a police officer, was deemed inadmissible. The Court reiterated that any statement made to a police officer during investigation, even if it contains admissions, is inadmissible under Section 162 of the Cr.PC. 5. Principles Governing Framing of Charges and Discharge: The Supreme Court referred to the principles laid down in State of Bihar v. Ramesh Singh and Union of India v. Prafulla Kumar Samal regarding the framing of charges and discharge. The Court emphasized that at the stage of framing charges, the court must sift through the material to determine if a prima facie case exists. A strong suspicion, based on material that can be translated into evidence, suffices for framing charges. However, in this case, the Court found that the only material available was the inadmissible statement of the co-accused, which could not form the basis for framing charges against the Appellant. Conclusion: The Supreme Court allowed the appeal, setting aside the order of the Sessions Judge framing charges against the Appellant. The Appellant was discharged, as the prosecution failed to provide admissible evidence to sustain the charges under Sections 489B and 489C of the IPC. The Court reiterated the importance of adhering to legal principles regarding the admissibility of evidence and the necessity of proving mens rea in criminal cases involving counterfeit currency.
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