- (1.) This criminal appeal by the National Investigation Agency (NIA), is directed against the order dated 13.07.2012, passed by the IV Additional Metropolitan Sessions Judge, Hyderabad, in M.P. No. 353 of 2012 in Crime No.1/2012 of NIA, granting bail to the respondents- accused Nos. 3 and 4.
(2.) The facts of the case in brief are on credible information that one Morjen Hossain of Mohabatpur village, Kaliachak PS limits, Malda District, West Bengal, and others were smuggling counterfeit Indian currency notes of Rs.500/- and Rs.1,000/- denominations from Pakistan through India-Bangladesh borders and circulating them across India, the National Investigation Agency, lawfully intercepted the mobile phone numbers of the said persons with due permission from the Ministry of Home Affairs, Government of India, by. The intercepted telephonic conversations of the said persons which was recorded revealed that Morjen Hossain, Rakib Sheik, who worked at Patancheru in Medak District of Andhra Pradesh, along with others formed a group and indulged in smuggling and circulation of fake Indian currency notes of denominations of Rs.500/- and Rs.1,000/- in India as part of larger conspiracy to destabilize the monetary system in India. The said persons were raising funds for terrorist activities by way of earning genuine currency notes against the counterfeit currency notes circulated by them. Thereafter, the Government of India, Ministry of Home Affairs (Internal Security-I Division), IS-IV Desk, had given directions to the National Investigation Agency to register the case and to investigate the same vide Order No.11034/36/2011-IS-IV, dated 28.12.2011. Pursuant thereto, the Head Quarters of National Investigation Agency at New Delhi had given directions to their Hyderabad Branch to register the case. Based on that, a case was registered as Crime No.1/2012/NIA/HYD, dated 03.01.2012 against Morgen Hossain as accused No.1 and Rakib Shaik as accused No.2. They were arrested on 06.01.2012. During the course of investigation, he revealed the names of other accused, including the respondents-accused herein, and they were arrested and remanded to judicial custody. The National Investigation Agency after completion of investigation filed the charge sheet. While so, the respondents- accused filed application in M.P. No. 353 of 2012 for their release on bail, and the IV Additional Metropolitan Sessions Judge, Hyderabad, by an order dated 13.07.2012, granted bail to the respondents-accused No.3 and 4. The legality of the said order granting bail to the respondents-accused Nos. 3 and 4 is questioned in this criminal appeal.
(3.) The learned Assistant Solicitor General appearing for the appellant-NIA submitted that the respondents-accused in association with other accused, are indulging in circulation of fake Indian currency notes across the Indian territory, that are printed in Pakistan. The activities of the respondents- accused are not in their individual capacity, but are part of an organized network, conspired to destabilize the Indian economy and threaten the internal security of the country by raising funds for terrorist activities through such circulation of fake Indian currency notes. He further submitted that the activities of the respondents-accused fall within the ambit of "terrorist act" as described in Section 15 of the Unlawful Activities (Prevention) Act, 1967, and as such, they are liable for punishment under Sections 16 and 18 thereof.;