MUMBAI, Jan 17: A special NIA court has refused to discharge a man allegedly linked to fugitive gangster Dawood Ibrahim's aide Javed Chikna in a Fake Indian Currency Note (FICN) smuggling case.
The court ruled there is "more than sufficient material" against accused Nasir Chaudhary to face trial for his alleged role in the case.
In the order passed on January 16, Special Judge Chakor S Baviskar dismissed the defence's claim that the protection had planted evidence against Chaudhary by observing that the veracity of such theory can only be decided during a full trial, not at the discharge stage.
In November 2021, a raid in Thane led to the arrest of prime accused Riyaz with 149 counterfeit notes of Rs 2000 denomination. Chaudhary was held on November 26 that year based on Riyaz's interrogation.
Following his arrest, Chaudhary disclosed that Javed Chikna, a designated individual terrorist and a close aide of Dawood Ibrahim, had sent him one high quality FICN of Rs 2000 denomination, the NIA said.
Further, the prosecution submitted that the accused stated that he had hidden the currency behind an under-construction masjid. It led the authorities to discover the note from a pile of construction debris behind a masjid.
As per National Investigation Agency, Chaudhary and all other accused are indulging in trafficking and circulating FICN on the instruction of Javed Chikna.
The accused, however, had contended the FICN recovered was planted by the prosecution.
Besides this, there is no evidence against him and, hence, he deserves to be discharged, the accused said.
On the theory of false implication, the court said "no basis has been put forth by accused Nasir Chaudhary as to why the investigating agency, prima facie, does an attempt to implicate him, sans any previous enmity".
The investigating officer does not appear to be having any grudge against Chaudhary, the court added.
The special judge emphasised that the defence of the accused cannot be looked into at the time of discharge, particularly when "prosecution creates grave suspicion against the accused having committed alleged offences." |
