Accused of printing fake notes, man acquitted after 3 extra years in jail

The man and his wife were arrested for possessing and processing of fake notes

In a 10-year-old case involving counterfeit currency, the Bombay High Court has decided upon a conviction plea after the man spent three extra years in prison, while his wife remained incarcerated for three-and-ahalf-years. The couple was arrested in 2012.

During the hearing on the accused Mohammad Luthpura Shaikh’s appeal against his conviction by a sessions court in 2015, the HC was informed that he was released from Nashik Central prison last year after serving his 10-year sentence.

Justice PD Naik upheld Shaikh’s conviction only on the charges of possession of counterfeit currency which has a maximum punishment of seven years. He was acquitted of the graver charge of processing the currency for which the maximum punishment is 10 years. In effect, Shaikh spent three extra years behind bars.

Shaikh’s wife, Anwarbibi, was also arrested on the charges of possession and processing of counterfeit currency. She was acquitted of all the charges but by then she had spent nearly three-and-a-half-years behind bars, said their advocate, Neville Deboo.

Shaikh was arrested on February 7, 2012 by DCB CID Unit IX, along with two others. He was found in possession of 100 counterfeit notes of Rs 1,000 each.

On the basis of information given by one of the accused, Anwarbibi and two more persons were arrested. Anwarbibi was found in possession of 30 counterfeit notes of Rs 500.

On December 7, 2015, the sessions court convicted them for possession and processing of counterfeit currency, and sentenced them to 10 years of imprisonment. The couple challenged this order before the HC.

Deboo argued that no independent witnesses were examined and also there are several contradictions in the statements of the witnesses. Besides, there is no clear evidence regarding from where Anwarbibi was arrested or what was found on her.

Additional public prosecutor SP Gavand opposed the appeal stating that as per the Evidence Act, the accused has to explain the possession of the counterfeit currency. Also, the police had recovered more fake notes at Anwarbibi’s behest.

However, the HC only upheld Shaikh’s conviction for possession, while acquitting them from the graver offence of possessing counterfeit currency.

The HC upheld the man’s conviction for possessing the counterfeit currency but cleared the charge of printing the same