Mumbai Court Frees Men Accused of Smuggling Fake Notes

In Mumbai, a sessions court has acquitted two individuals, Sohelsa Diwan and Adnan Hussain, of charges related to smuggling counterfeit Indian currency from Bangkok. The trial concluded on Thursday, spanning an extensive 14-year period.

The court cleared both men of all charges, including conspiracy and possession of forged notes. This decision was attributed to substantial deficiencies in the prosecution's evidence. Crucially, the court found that the prosecution failed to demonstrate the necessary criminal intent, known as 'mens rea', which is a mandatory legal requirement.

The case began on the night of August 25, 2011, when customs officials at Chhatrapati Shivaji International Airport intercepted Diwan and Jamirkhan Pathan. They were arriving from Thailand.

During the investigation, 890 counterfeit Rs 500 notes were allegedly found strapped to Diwan's legs. Pathan was reportedly found with five counterfeit Rs 1,000 notes. The prosecution claimed the duo acted on behalf of Hussain.

However, the case's foundation weakened as key witnesses failed to corroborate the prosecution's narrative. A cleaning staff member, a panch witness, provided inconsistent statements, and another witness involved in verifying Hussain's residence turned hostile. These discrepancies cast doubt on the evidence's recovery process.

The court emphasized that proving possession of counterfeit notes is insufficient; the prosecution must also establish the accused's knowledge of their counterfeit nature and intent to use them as genuine. Because this was not proven, Diwan and Hussain were acquitted.

The trial against Jamirkhan Pathan, however, will continue, with the court ordering a proclamation and a standing non-bailable warrant against him.