A sessions court in Mumbai on Thursday acquitted two men accused of smuggling counterfeit Indian currency from Bangkok, concluding a trial that spanned 14 years. Sohelsa Diwan and Adnan Hussain were cleared of all charges, including conspiracy and possession of forged notes, due to significant gaps in the prosecution's evidence and the failure to prove criminal intent.
Case Background
The case originated on the night of August 25, 2011, when customs officers at Chhatrapati Shivaji International Airport intercepted Diwan and a second man, Jamirkhan Pathan, arriving from Thailand. While their luggage contained no contraband, a physical search of Diwan allegedly revealed 890 counterfeit notes of Rs 500 denomination hidden inside knee caps strapped to his legs. Pathan was allegedly found with five counterfeit Rs 1,000 notes in his pocket.
The prosecution alleged that the duo acted on behalf of Hussain, who had reportedly promised Pathan Rs 30,000 and a round-trip ticket in exchange for transporting the currency.
Weaknesses in Prosecution Case
During the proceedings, the legal foundation of the prosecution's case faltered as key independent witnesses failed to support the official narrative. A cleaning staff member summoned as a panch witness gave inconsistent testimony, at one point stating he only saw a search of a trolley bag and could not recall the amount of money found. Further, the witness tasked with verifying the search of Hussain's residence turned hostile, deposing that police did not seize a passport copy in his presence as claimed. These discrepancies led the court to question the authenticity of the recovery process.
Lack of Criminal Intent
The judge observed that "it is important to note that the prosecution must prove not only the possession of counterfeit notes but also that the accused had the knowledge or reason to believe that the notes were counterfeit and intended to use them as genuine." The court determined that the prosecution failed to establish this mens rea or criminal intent, which is a mandatory provision of the law.
Ongoing Case Against Pathan
The court ordered that the case against Pathan shall continue and directed that a proclamation be published and a standing non-bailable warrant be issued against him. The duo acquitted were out on bail during the trial.
