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TMI Blog2013 (8) TMI 1093X X X X Extracts X X X X X X X X Extracts X X X X ..... under the first proviso to sub-section (2) of S. 43D of U.A.P. Act. In that application, extension of time upto 180 days for completing the investigation was prayed for. The court below allowed the application filed by the Public Prosecutor overruling the objections raised by the appellant. The Criminal Appeal is filed against the said order passed by the court below. 2. Sri. Pramod, the learned counsel appearing for the appellant, submitted that the order impugned is unsustainable on several grounds. He submitted that the reasons stated in the application filed by the Public Prosecutor for extension of the period for completing the investigation are not sufficient for invoking the proviso to sub-section (2) of S. 43D of the U.A.P. Act. It is submitted that the requirements of the said proviso have not been satisfied in the present case and, therefore, the court below was not justified in granting the prayer for extension of time. The learned counsel also submitted that originally the offences alleged against the accused were only under Ss. 489B and 489C read with S. 34 of the Indian Penal Code. Ss. 15 and 17 of the UAP Act were subsequently included. However, going by the allega ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1 to 4 and a petition was also filed to continue further investigation, under S. 173(8) of the Code of Criminal Procedure. In the charge sheet filed against accused Nos. 1 to 4, under the heading "facts disclosed during the investigation", it is inter alia stated thus: 17.1. This is a case of printing and smuggling Fake Indian Currency Notes (hereinafter referred to as FICN) by the countries like Pakistan who are inimical to India with an intention to destabilize the Indian Economy as a part of Financial Terrorism (Maashi-Jihad). Wherein the accused Pradeep Kumar (A1) and Ashish MP (A3) involved in smuggling and circulating of FICN into India with an intention to make easy money, while the accused Kamal Haji (A2) and Aboobacker Haji (A4) took advantage of this to make easy money and achieve their goal and joined their hands with the persons involved in printing and smuggling FICN into India and smuggled FICN into India. xxx xxx xxx 17.9. On 2.11.2012, the accused Aboobacker Haji (A4) was arrested on 2.11.2012 at 05.30 Hrs. on his arrival at Indira Gandhi International Airport, New Delhi and produced before this Hon'ble Court on 03.11.2012 and got the police custo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 24.6.2013. 6. The appellant filed a detailed objection to the application for extension and stated that no grounds are made out for extension of time. 7. Sub-section (2) of S. 43D of the U.A.P. Act reads as follows: 43D. Modified application of certain provisions of the Code.-- (1) ...... (2) Section 167 of the Code shall apply in relation to a case involving an offence punishable under this Act subject to the modification that in sub-section (2),-- (a) the references to "fifteen days", "ninety days" and "sixty days", wherever they occur, shall be construed as references to "thirty days", "ninety days" and "ninety days" respectively; and (b) after the proviso, the following provisos shall be inserted, namely:-- Provided further that if it is not possible to complete the investigation within the said period of ninety days, the Court may if it is satisfied with the report of the Public Prosecutor indicating the progress of the investigation and the specific reasons for the detention of the accused beyond the said period of ninety days, extend the said period up to one hundred and eighty days: Provided also th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... unt of the default of the prosecution to file the challan within the prescribed time if an accused seeks and is prepared to furnish the bail bonds as directed by the court. Moreover, no extension can be granted to keep an accused in custody beyond the prescribed period except to enable the investigation to be completed and as already stated before any extension is granted under clause (bb), the accused must be put on notice and permitted to have his say so as to be able to object to the grant of extension. 9. Going by the principles laid down by the Supreme Court in Hitendra Vishnu Thakur & Ors. v. State of Maharashtra & Ors. ( (1994) 4 SCC 602), we are of the view that the court below has considered all the relevant aspects and allowed the prayer made for extension of time to complete the investigation. The application filed by the Special Public Prosecutor would also satisfy the necessary requirements for extension of time. We do not find any illegality, irregularity or impropriety in the order passed by the court below. 10. To comprehend the contention put forward by the learned counsel for the appellant that S. 15 of the U.A.P. Act before its amendment by Act 3 of 2013, does ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... "economic security", shall be inserted; (ii) in clause (a), after sub-clause (iii), the following sub-clause shall be inserted, namely-- (iii-a) damage to, the monetary stability of India by way of production or smuggling or circulation of high quality counterfeit Indian paper currency, coin or of any other material; or; (iii) in clause (c), for the words "any other person to do or abstain from doing any act,", the words "an international or inter-governmental organisation or any other person to do or abstain from doing any act; or" shall be substituted; (iv) for the Explanation, the following Explanation shall be substituted, namely--- Explanation.-- For the purpose of this sub-section,-- (a) "public functionary" means the constitutional authorities or any other functionary notified in the Official Gazette by the Central Government as public functionary; (b) "high quality counterfeit Indian currency" means the counterfeit currency as may be declared after examination by an authorised or notified forensic authority that such currency imitates or compromises with the key security features as specified in the Third Sched ..... 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