Full Text
HIGH COURT OF DELHI
Date of Decision: 16.07.2025
TAHIR SHOIB @ SHOIB MALIK .....Petitioner
Through: Mr. Mahesh Kr. Patel and Mr. Omkar Sharma, Advs.
STATION SPECIAL CELL DELHI .....Respondent
Through: Mr. Raghuinder Verma, APP for State
Kumar, Special Cell/NDR.
JUDGMENT
1. The present petition has been filed by the petitioner, under Section 439 of the Criminal Procedure Code, 1973, seeking the grant of Regular Bail in FIR No. 230 of 2019 dated 19.12.2019 for the offences under Sections 489A,489D,120B and 34 of the Indian Penal Code, 1860, registered at Police Station Special Cell.
2. As per the prosecution, the present case emanates from an input received from a secret informer, revealing that a Pakistan-national, based in Dubai, namely Shah Sahab, was involved in a conspiracy to pump Fake Indian Currency Notes (FICN) into India. Further investigation indicated that Asif, another individual based in Dubai, was managing this network in collaboration with the accused persons, namely, Unwan, Akbar @ Khursheed, and others. This Syndicate operated in an organised manner, with separate groups handling printing, supply, and circulation of FICN, with an objective to destabilize the Indian economy.
3. During surveillance operations, the names of suspects Tabrez @ Langda, Unwan, and Akbar @ Khursheed emerged. It was discovered that Tabrez and Unwan were engaged in both printing and receiving high-grade FICNs from Dubai, while Akbar was primarily responsible for its distribution within Delhi and other states.
4. Based on surveillance and actionable input, the subject FIR bearing No. 230/2019 was registered on 20.12.2019. A raid was conducted on the same day at Ramesh Park, Laxmi Nagar, where three accused persons, namely Tabrez Ahmed, Tahir Shoaib @ Shoaib Malik (the petitioner herein), and Raghuraj Singh, were apprehended from two vehicles. Upon the search of petitioner, an amount of Rs. 19,000 was recovered from the purse of the petitioner and an additional amount of Rs. 48,000 (in the denomination of Rs. 500 currency notes) was recovered from his jeans pocket, all of which were identified as counterfeit. FICN worth Rs. 44,000 and Rs. 2,00,350 were recovered from the co-accused persons Tabrez and Raghuraj Singh, respectively. Co-accused Tabrez was also found in possession of Rs. 50,000 genuine currency, which he received from co-accused Raghuraj in exchange for the FICN.
5. During the custodial interrogation, the petitioner disclosed that he, along with the co-accused persons Tabrez Ahmed and Danish Malik, was actively engaged in the printing of FICN using screen and leaf printing techniques. Further, the co-accused Tabrez had procured a colour printer and laptop for this purpose.
6. On 25/26.12.2019, a DELL laptop was recovered from the coaccused Tabrez, which on forensic analysis at FSL, Rohini, revealed several imprints of Rs. 50, Rs. 100, Rs. 500, Rs. 2000, US currency in the denomination of 100 dollars and the images of Urjit Patel’s signature, Gandhiji, RBI logo & Ashok Chakra.
7. Further investigation revealed that the petitioner had purchased various materials for printing FICN, such as ink, reducers, nitrobenzene, PVC tapes, stamping foils, embossing machines, and paper, from local markets in Chawri Bazaar and Sadar Bazar. The statements of shopkeepers were recorded to this effect. The petitioner further disclosed that FICN printing was carried out at his sister Zohra’s house in Seelampur.
8. On 22.12.2019, searches at petitioner’s residence at Seelampur, in presence of the public witnesses, led to recovery of Rs. 25,000 FICN from an almirah. On the same day, he led the police party to his sister/Zohra’s flat and a search was conducted, where chemical smells indicated recent washing off of a printing unit, suspected to be used for FICN manufacturing. The petitioner admitted that he, co-accused persons Tabrez and Danish printed FICN at that location.
9. Subsequently, co-accused Danish Malik was arrested from his residence and FICN worth Rs. 11,400 and two printers were seized. On the next day, at the petitioner’s instance, co-accused Unwan Ansari was arrested and a massive recovery of Rs. 51,76,500 in FICN (Rs. 2,000×2265 and Rs. 500×1293), US $167,500 (fake), 347 A[4] sheets, master printing sheets, and two pistols were made from his house.
10. The co-accused Unwan disclosed that he learnt FICN printing from Akbar Khursheed and had in turn trained Tabrez. He admitted printing of both Indian and US counterfeit currency. On 25.12.2019, a Canon printer-scanner (Model 2313C023) used for FICN printing was recovered from co-accused Unwan’s premises.
11. The seized currency was sent for verification to the Currency Note Press, Nashik, which confirmed the recovered items were indeed counterfeit Indian currency.
12. Upon the culmination of the investigation, the Chargesheet was filed on 16.03.2020. The petitioner was granted interim bail vide the Order dated 19.06.2020, which continued to remain in force through successive extensions till 05.10.2023. Upon the lapse of the said period, the petitioner has surrendered before the concerned Jail Superintendent.
13. Thereafter, the petitioner preferred an application seeking the grant of Regular Bail before the learned Additional Sessions Judge, which was dismissed by the Order dated 20.03.2024, leading to the filing of the present bail application.
14. The learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case as there is no material to prove that the petitioner was in possession of the FICN or has connection with the alleged offence.
15. The learned counsel contends that in the present case, a total of 36 witnesses have been cited by the prosecution, however, till date, only 13 witnesses have been examined over a period of 5 and a half years. Moreover, amongst the witnesses examined, PW-4 Mohd Zaki, and PW-5 Nasruddin Malik, who are the witness to the recovery, have not supported the case of the prosecution, which, he submits, casts a serious doubt on the prosecution case.
16. He further submits that the co-accused persons, namely, Danish Malik, Raghuraj Singh and Unwan Ansari, have already been granted Bail by the learned Additional Sessions Judge vide the Orders dated 30.12.2020 and 06.01.2021, respectively and no allegations of tampering with evidence or misuse of liberty have been levelled against any of the co-accused persons released on bail, despite the fact that they were enlarged on bail before the examination of public witnesses, thus, the petitioner is ought to be admitted to bail on the ground of parity.
17. The learned counsel submits that the petitioner is languishing in Judicial Custody for nearly 2 years and 4 months and the trial is not likely to conclude in near future, and therefore, no fruitful purpose would be served by keeping the petitioner in Judicial Custody. On these grounds, he prays, that the petitioner be admitted to Regular Bail.
18. On the other hand, the learned APP for the State opposes the present bail application and submits that the allegations against the petitioner are serious and grave in nature, the petitioner was not merely in possession of FICN but was actively involved in its printing and circulation.
19. He submits that during the course of investigation, FICN amounting to Rs. 73,000/- was recovered from the possession of the petitioner at the time of his arrest and from his residence. Further, at his instance, the co-accused Danish Malik was arrested and he took the police party to the residence of his sister, which was used for printing the FICN.
20. He submits that the co-accused persons were granted Statutory Bail and not Regular Bail by the learned Trial Court, thus, same cannot be a ground for parity to the present petitioner. The quantity of FICN recovered, and the material seized from locations sufficiently connects him to the syndicate involved in printing and circulation of the FICN.
21. To conclude, the learned APP submits that the petitioner is accused of an offence that strikes at the economic security of the country, and such offences must be dealt with stringently, thus, the petitioner may not be admitted to bail.
22. Having heard the learned counsel for the petitioner as well as the learned APP for the state and perused the record, the role assigned to the petitioner is that he was a part of a syndicate involved in printing, procuring, circulating and distributing FICN. The petitioner was arrested along with co-accused Tabrez Ahmed and Raghuraj Singh, pursuant to a raid conducted by the Special Cell on 20.12.2019. FICN to the tune of Rs. 67,000/- were recovered from his possession. In addition, on 22.12.2019, the FICN amounting to Rs. 25,000/- were recovered from his residence. Further recoveries of FICN were also made from the possession of co-accused Tabrez and Raghuraj.
23. The prosecution further alleged that the petitioner along with the co-accused persons, namely, Tabrez Ahmed and Danish malik, was actively engaged in printing of FICN, for which he had purchased material for printing FICN, such as ink, reducers, nitrobenzene, PVC tapes, stamping foils, embossing machines, and paper, from local markets in Chawri Bazaar and Sadar Bazar.
24. Also, the co-accused Unwan Ansari was arrested, at the instance of the petitioner, and from his possession a substantial quantity of FICN of Rs. 51,76,500 and fake $167,500 was seized. The petitioner also led the police party to his sister’s residence which was used by the accused persons for printing of FICN.
25. The present case raises a grave concern regarding the involvement of the petitioner along with co-accused persons to print, distribute and circulate not only FICNs but US dollars, as well. Indeed, the circulation of fake currency causes a severe threat to the economy of the country, thus being detrimental to the financial regulation of currency in the country. Moreover, such kind of offence further facilitate other illegal activities such as smuggling of drugs, purchase of illegal arms and ammunitions, cross-border money laundering, human trafficking etc.
26. The purpose to enact the provision of Sections 498A, 489B, 489C, 489D and 489E of the Indian Penal Code, 1860, (now Sections 178, 179, 180, 181 and 182 of the Bharatiya Nyaya Sanhita, 2023) is to safeguard the economy of the country and such illegal activities which destabilises the economy.
27. As already stated on behalf of the state that the three co-accused persons, namely, Danish Malik, Unwan Ansari and Raghuraj Singh, were granted Statutory Bail, thus, petitioner cannot claim Regular Bail, seeking parity with them.
28. The Charges in the present case have been framed under Sections U/s 489-A/489-B/489C/489D/201 read with Section 120-B of the Indian Penal Code, 1860, against the petitioner, vide Order dated 22.02.2023. Subsequent thereto, out of the total 36 witnesses, 13 prosecution witnesses have been examined and the trial is currently underway.
29. In view of to the involvement of the petitioner in the alleged commission of the offence, as noted hereinabove, which has led to the recovery of FICNs, arrest of co-accused person at his instance, as well as further recoveries effected from the co-accused and other incriminating material brought on record by the prosecution, this Court is not inclined to grant bail to the petitioner.
30. Accordingly, the present bail application is dismissed.
SHALINDER KAUR, J JULY 16, 2025