Tahir Hussain v. Central Bureau of Investigation

1 There are four appellants before this Court namely, Tahir Hussain, Krishan Kumar Verma, Vijay Sharma and Kallu @ Ajit. On behalf of all the appellants it is submitted that their conviction is not challenged on merits. They seek a remission in their sentence.

2 Qua Tahir Hussain, Krishan Kumar Verma and Vijay Sharma it is submitted that each of them has undergone incarceration of 5 years or more and each of them had been sentenced to undergo a maximum sentence of 7 years, they be released on the period already undergone by them.

2 On behalf of Kallu @ Ajit, it is pointed out that he has been sentenced to undergo RI for 10 years. He has completed almost 9½ years of his sentence. He is also not challenging his appeal on merits but prays for leniency in sentence.

3 Version of the prosecution is that on 13.08.2004 information was received that one Tahir Hussain, resident of Bhajan Pura Delhi was indulging in illegal trade of forged India non-Judicial Stamp Papers of CRL.A. Nos.296/2013, 327/2013, 499/2013 & 1002/2013 various denominations and he would deliver the same to some unknown persons at District Centre, Laxmi Nagar, Delhi. A Raiding Team was constituted. Members of the raiding team included Inspector Neelam Singh, HC Surender Panchal, Ct. Phool Singh, Ct. M.C. Sharma, Ct. Mahinder and Ct. Rajpal. Sh. H.S. Chopra, Additional SP was directed to supervise the operation. Independent witnesses were also asked to join the investigation. Tahir Hussain was apprehended. He was carrying a polythene bag and on checking it was found to contain some papers wrapped in an Urdu Newspaper. The wrapper was removed and India non-judicial stamp papers in the denomination of Rs. 500/- and Rs. 1,000/- were found. On counting there were 102 India non-judicial stamp papers in the denomination of Rs. 500/- and 120 stamp papers in the denomination of Rs. 1,000/-. These papers appeared to be forged.

4 Appellant Tahir Hussain was asked to produce the vendor license or authority to sell these stamp papers. He did not have any such license. Stamp papers were seized. Accused Tahir Hussain was arrested. He made a disclosure statement wherein the name of Krishan Kumar Verma was revealed. Tahir Hussain led the police party to the house of Krishan Kumar Verma, (who was stated to be supplier of these seized fake stamp papers). Krishan Kumar Verma was arrested on 14.08.2004. Pursuant to his disclosure statement, the role of Vijay Sharma was revealed. Krishan Kumar Verma led the police party to the house of Vi jay Sharnia at Patna. On his pointing out, search under Section 165 Cr.P.C. was conducted at the residence of Vijay Sharma at flat No. E-4, 4th Floor, Tribhuvan Gopal Apartment, Khazpur, Nalanda Colony, Patna. Vijay Sharma was apprehended. His disclosure statement was recorded which was to the effect that these stamp papers had been obtained from Kallu @ Aj it resident of Baragali, Gurdwara Patna Sahib, Patna City, Patna and that Kallu was printing these fake stamp papers. Accused Vijay led the police party to the residence of Kallu @ Ajit from where one piece of India non-judicial stamp paper of Rs. 1000 denomination; two pieces of non-judicial stamp papers of Rs. 2000 each; screen frame containing negatives of India non-judicial stamp papers of Rs. 5000/- and Rs. 1000; 20 negatives of different denominations of stamp papers at Rs. 100, Rs. 200, Rs. 300, Rs. 500, Rs. 1000, Rs. 3000 and Rs. 5000; background negatives and emblem of Ashoka stamp and watermark with Chakra of Govt of India were recovered. All these documents were taken into possession.

5 This Court notes the factual matrix as also submission of learned counsel for the appellants. Not having been challenged the judgment on merits, the conviction of the appellants is accordingly maintained.

6 The nominal roll of the appellant Tahir Hussain reflects that out of a period of 7 years of incarceration which has been imposed upon him he has undergone incarceration for about 5 years and 5 months which include the remissions awarded to him. The cumulative fine imposed upon him for all his conviction is Rs. 10,000/-. His sentence is modified from RI 7 years to RI 6 years and the cumulative fine of Rs. 10,000/- is enhanced to Rs.25,000/- and in default of payment of fine, to undergo SI for 6 months. The appeal of Tahir Hussain is disposed of in the above terms.

9 The nominal roll of the appellant Vijay Sharma reflects that out of a period of 7 years of incarceration which has been imposed upon him he has CRL.Z[4]. Nos.296/2013, 327/2013, 499/2013 & 1002/2013 undergone incarceration for about 4 years and 8 months which include the remissions awarded to him besides a cumulative fine of Rs. 5,000/-. His sentence is also modified from RI 7 years to RI 6 years and the cumulative fine of Rs. 5,000/- is enhanced to Rs.15,000/- and in default of payment of fine, to undergo SI for 3 months. With these directions appeal of Vijay Sharma is disposed of

10 The nominal roll of the appellant Krishan Kumar Verma reflects that out of a period of 7 years of incarceration which has been imposed upon him he has undergone incarceration for about 5 years which include the remissions awarded to him besides a cumulative fine of Rs. 5,000/-. His sentence is also modified from RI 7 years to RI 6 years and the cumulative fine of Rs. 5,000/is enhanced to Rs. 15,000/- and in default of payment of fine, to undergo SI for 3 months. With these directions appeal of Krishan Kumar Verma is disposed of.

11 Qua the appeal of Kallu @ Ajit it is noted that out of a period of 10 years of incarceration which has been imposed upon him he has undergone incarceration for about 9- ½ years which include the remissions awarded to him. A cumulative fine of Rs. 15,000/- has also been imposed upon him. He was the kingpin of the conspiracy and the printing material and a large amount of currency was recovered from his residence. However, noting the period of incarceration already suffered by him this Court deems it fit that the period of incarceration already suffered by him i.e. 9- Y[2] years (out of the period of 10 years) be treated as the sentence awarded to him. There is no alteration in the fine. Subject to payment of fine, he be released forthwith if not required in any other case. With these directions appeal of Kallu @ Ajit is disposed of INDERMEET KAUR, J SEPTEMBER, 2015 Gb CRL.A. Nos.296/2013, 327/2013, 499/2013 & 1002/2013 Page 6of[6]