Home Case Index All Cases Indian Laws Indian Laws + SC Indian Laws - 2019 (4) TMI SC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
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.
|