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TMI Blog2009 (7) TMI 163X X X X Extracts X X X X X X X X Extracts X X X X ..... smuggled by One Liaqan from Pakistan which was to be handed over to one Shan Mohammad @ Shanu. During the course of investigation voluntary statements were tendered under Section 108 of the Customs Act by Mrs. Liaqan and Shan Mohammad @ Shanu who admitted the aforesaid recovery and seizure and other incriminating facts. Shan Mohd. @ Shanu further stated that he was working at the instance of Mohd. Jamil @ Wasim @ Bhure, the present respondent. The complaint under Section 135 of the Customs Act stands filed against Smt. Liaqan and Shan Mohd. which is pending adjudication. The respondent had also been arrested in some other case and was taken into custody in connection with this case also on 16-8-2007 when he also made a statement admitting ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng of the Shan Mohd. to receive fake currency notes of Rs. 10 lacs from Liyakan on 28-2-2006. He gave the number of some mobile phones used by him for contacting other accused persons. I have considered the arguments on behalf of the parties. Accused has already been admitted to bail in the case registered against him on recovery of fake currency by Special Cell Delhi Police. He is in custody in the present case since September 2007. Ld. Counsel for the complainant is unable to point out any application form for the purchase of the sim card/mobile number allegedly used by the accused for contacting other accused persons bearing the photograph of the accused. Co-accused Liyakan has already been released on bail, complaint has been alread ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 0537 and 9990598359 and that calls were made from that mobile which was being used by Bhura Alian Shan Mohd. It was submitted that there was ample evidence against the respondent for his involvement in this case which has been over-looked by the Trial Court such as his own statement dated 16-8-2007 tendered on 108 of the Customs Act as well as statement of other co-accused persons, besides the other corroborating evidence. It is submitted that possession of fake currency and assisting anyone to spread fake currency are serious matters and a Trial Court ought to have considered all the aforesaid facts while deciding the bail application of the present respondent. It is submitted that once the bail application of one of the co-accused was dis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e prosecution evidence, as the prosecution has submitted a long list of 23 witnesses. 8. It is submitted that rejection of bail application of Shan Mohd. was by the Trial Court which was the court of Addl. District and Sessions Judge which makes no difference to the case of the respondent inasmuch as the bail has been granted to the respondent by the concerned ACMM after taking into consideration the facts of the case. It is submitted that even otherwise the respondent was in judicial custody for a period of more than 15 months and the ACMM has already imposed a condition to secure his presence at the time of trial. It is further stated that the evidence which has been relied upon by the petitioner against the respondent needs corroboratio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng judgments :- (1) Sami Ullaha v. Superintendent, Narcotic Central Bureau, AIR 2009 (SC) 1357 (2) Vimalben Ajitbhai Patel v. Vatslabeen Ashokbhai Patel, AIR 2008 (SC) 2675 (3) Aslam Babalal Desai v. State of Maharashtra, (1992) 4 SCC 272 (4) Dinesh M.N. (S.P.) v. State of Gujarat, (2008) 5 SCC 66. 12. None of the aforesaid conditions are in existence in this case. It is also not a case where the trial court has not applied its mind, while granting the bail. Reference can be made to a judgment delivered by the Apex Court in Rizwan Akbar Hussain Syyed v. Mehmood Hussain, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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