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SC Allows Discharge Due to Lack of Evidence Beyond Co-Accused Statements

Case Law Details

TaxGuru Citation
2025 taxguru.in 12300
Case Name
Dipakbhai Jagdishchandra Patel Vs State of Gujarat And Another (Supreme Court of India)
Date of Judgement/Order
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Dipakbhai Jagdishchandra Patel Vs State of Gujarat And Another (Supreme Court of India)

This matter concerns an appeal filed before the Supreme Court challenging the judgment of the Gujarat High Court, which had dismissed a petition under Section 482 of the Code of Criminal Procedure, 1973. The petition sought quashing of the complaint and the order of the Sessions Court declining to discharge the appellant from offences under Sections 489B and 489C of the Indian Penal Code, relating to counterfeit currency. The FIR dated 10 April 1996 recorded that the Anti-Terrorist Squad received information that three persons were selling fake Saudi Arabian currency notes near the Noble Building on Ashram Road, Ahmedabad. A team of police personnel and panch witnesses reached the location and apprehended three individuals engaged in a transaction. During the search, 43 counterfeit notes of 500 Riyal denomination were found on the first accused, another 43 notes on the second accused, and two similar notes on the third accused, totalling 88 counterfeit notes. The accused reportedly stated that the first accused had obtained the notes from Mumbai about 15 days earlier and had contacted his friend, identified as residing in an Ahmedabad flat, to sell the fake notes as genuine. It was further stated that the notes were taken from the house of an individual referred to as Dipak and handed over to the other two accused. The notes were seized under a panchnama.

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Author Info

CA Sandeep Kanoi
Qualification: CA in Job / Business
Company: Taxguru Consultancy
Location: Mumbai, Maharashtra
Articles Published: 21,146

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