IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (DB) No.730 of 2025

Arising Out of PS. Case No.-17 Year-2024 Thana- NIA District- Patna

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Md. Nazar Saddam S/O Md. Masihuzzaman R/o Mohalla- Bhikhanpur, Gomti

No. 3, Ward No. 31, P.S.- Ishakchak, Distt.- Bhagalpur- 812001

... ... Appellant/s

Versus

The National Investigation Agency

... ... Respondent/s

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Appearance :

For the Appellant/s: Mr. Syed Maslehuddin Ashraf, Sr. Advocate

Mr.Rana Hason, Advocate

For the Respondent/s: Mr.Dr. Krishna Nandan Singh (A.S.G)

Mr. Manoj Kumar Singh, Spl.P.P., NIA

Mr. Sanjay Kumar Singh, Advocate

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CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD

and

HONOURABLE MR. JUSTICE PRAVEEN KUMAR

ORAL ORDER

(Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD)

624-02-2026 Heard learned senior counsel for the appellant and

learned A.S.G. assisted by Mr. Arvind Kumar, learned coun-

sel for the N.I.A.

2. The sole appellant in this case is seeking setting

aside of the order dated 30.04.2025 passed by the learned

Special Judge, NIA Court, Bihar, Patna in Special Case

No.10 of 2024/R.C. No.17 of 2024/NIA/DLI, arising out of

Banjariya P.S. Case No.229 of 2024 registered for the

offences punishable under Sections 317(5), 318(4), 61(2),

338, 336(3), 340(2), 111, 178, 179, 180, 181 and 3(5) of the

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Bhartiya Nayay Sanhita, 2023(in short BNS). Later on,

Sections 16, 18 and 20 of the Unlawful Activities

(Prevention) Act, 1967 were also added. By the impugned

order, the learned court has been pleased to reject the prayer

of the appellant for grant of bail.

3. The prosecution case is based on the self-

statement of ASI Indrajeet Paswan recorded on 05.09.2024

at 18.15 hrs at NH-28A near Kharwa Pool, Banjaria,

District-East Champaran, Motihari. In his self-statement,

the informant has stated that on 05.09.2024 at about 17:30

Hours in the evening, he along with other police personnel

proceeded for patrolling and vehicle checking. When they

reached near Shankar Dhaba, they got secret information

that that from Jhakiya village three persons on one without

number plate red coloured motorcycle are coming towards

Khandwa Pool. One of the three persons have beard who

was wearing blue colour T-shirt and black coloured pant

and was carrying black coloured backpack in front of his

stomach as also he is the person who was driving the

motorcycle. Second person was wearing Khaki coloured

Fullshirt and Blue coloured Jeans pant and third person was

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wearing white coloured T-shirt with lining and Black

coloured Jeans Pant. All of them were carrying fake Indian

currency notes(in short FICN). On this information, the

informant has informed the senior officials and with the

Shashtra Semma Bal personnel, they proceeded towards

Khandwa Pool where they found one red motorcycle with

above description and three persons on it were coming. On

seeing police personnel, they tried to flee away, but police

personnel chased them and nabbed all three persons. Seeing

this action of the police, nearby people gathered there.

Thereafter, police asked their names of aprrehended. They

told their names as (1) Md. Nazar Saddam, (2) Md. Waris

and (3) Md. Jakir Hussain. The informant requested the

people who have assembled there to become witness to the

production-cum-seizure list to which all of them refused by

saying that these accused persons are outsiders, if we

become witness, anything bad can happen to us. Thereafter,

two of the raiding team members, namely, Sukhram Bharti

and Aditya Kumar were made witnesses to the production-

cum-seizure list. Police asked for papers of the motorcycle

from Md. Nazar Saddam but he could not produce any

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papers. The Engine number and chasis number of the

motorcycle was worn out. It seems that the motorcycle was

stolen one. On search of black coloured backpack, some

clothes and hundred notes of 500 Rupees (total 50,000/-)

two Aadhar Cards of Md. Nazar Saddam(the Appellant) of

different addresses was found. On search of his pant,

hundred notes of 500 Rupees (total 50,000/-) was found. On

search of Md. Waris, from his pant’s pocket, eighty notes of

Rs. 500/- and from his shirt’s pocket twenty notes of Rs.

500/- (total Rs. 50,000/-) was found. And on search of Md.

Jakir Hussain, sixty notes or Rs.500/- from his pant’s pocket

and thirty notes of Rs.500/- from his shirt’s pocket (total

45,000/-) was found. Altogether from all the three persons,

three hundred ninety (390) fake notes total of Rs.1,95,000/-

was found. On further interrogation, they disclosed that they

used to carry these fake Indian currency from Pakistan via

Nepal through one Rajesh Sahni. They used to transport

these fake notes via Delhi to Sarfaraj @ Muzaffar Ahamd

resident of Jammu Kashmir. They disclosed that they have

done this many times earlier also. In the presence of two

witnesses named above, seizure list was prepared, on these

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three accused persons have put their signature. The

informant alleged that from the above facts, it is clear that

these three accused persons in conspiracy with other named

accused persons was trying to use fake Indian notes in the

market.

4. For purpose of bail, learned senior counsel for

the appellant has submitted firstly that in this case the

seizure list has been prepared at 5.15 PM, on the seizure list

P.S. case is mentioned, but it could not have been possible

at the time of preparation of the seizure list considering that

the FIR was lodged only at 6.45 PM. Learned senior

counsel further submits that the mandatory provision of

Section 105 of Bhartiya Nagrik Suraksha Sanhita (in short

‘BNSS’) has not been followed. It is his submission that the

video recording of the search procedure was necessary

which has not been done and, therefore, it would create

huge doubt over the prosecution story.

5. Learned senior counsel for the appellant has

also pointed out by referring to the Investigation of High

Quality Counterfeit Indian Currency Offences Rules, 2013 (

in short ‘Rules of 2013’) that in this case as against the

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mandate of sub-rule (2) of Rule 6 the seized currency were

sent to the FSL, Patna after 21 days. Sub-rule (2) of Rule 6

mandates that the Investigation Officers shall forward the

seized currency by the quickest means to the notified

forensic authority, not later than forty-eight hours of the

seizure, and the notified forensic authority shall

communicate the results of the examination to the

requisitioning officer by the quickest possible means

including e-mail or facsimile.

6. Learned senior counsel has relied upon the

judgment of the Hon’ble Supreme Court in the case of

Sheikh Javed Iqbal @ Ashfaq Ansari @ Javed Ansari

Vs. State of Uttar Pradesh reported in 2024 INSC 534, to

submit that this Court in exercise of its constitutional power

may hold that the continuous incarceration of the appellant

would be in the breach of Article 21 of the Constitution of

India. On these grounds, prayer for bail of the appellant has

been made.

7. On the other hand, learned ASG submits that in

this case the appellant is facing charge inter-alia under

Section 15 of the Unlawful Activities (Prevention) Act,

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1967 (in short ‘UAPA’). The attention of this Court has

been drawn towards Section 43D(5) of the said Act. It is

submitted that the said provision clearly states that

Notwithstanding anything contained in the Code, no person

accused of an offence punishable under Chapters IV and VI

of this Act shall, if in custody, be released on bail or on his

own bond unless the Public Prosecutor has been given an

opportunity of being heard on the application for such

release. Proviso to sub-section (5) of Section 43D further

creates an embargo in clear terms saying that such accused

person shall not be released on bail or on his own bond if

the Court, on a perusal of the case diary or the report made

under section 173 of the Code is of the opinion that there

are reasonable grounds for believing that the accusation

against such person is prima facie true. It is pointed out that

sub-section (6) of Section 43D specifically states that the

restrictions on granting of bail specified in sub-section (5) is

in addition to the restrictions under the Code or any other

law for the time being in force on granting of bail.

8. It is submitted that the respondent NIA has filed

a counter affidavit and they have brought on record the

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copy of the charge-sheet filed against the accused persons,

namely, Md. Nazar Saddam (the appellant), Md. Waris, Md.

Zakir Hushain and Sarfaraz@Muzaffar Ahmad Wani. The

role played by this appellant has been revealed in course of

investigation. The custodial interrogation of this appellant

discloses that he had received Rs.1,00,000/- in February

2024 from Sarfaraz@Muzaffar Ahmad Wani for handing

over the amount to one Mithilesh Tiwari, a resident of

Nepal, who in turn would provide Rs.2,50,000/- worth of

FICNs. This appellant reached Raxual and contacted

Mithilesh Tiwari. This appellant travelled to Anantnag, J&K

and handed over Rs.50,000/- worth of FICNs to

Sarfaraz@Muzaffar Ahmad Wani. Thereafter, this appellant

took a flight ticket from Srinagar to New Delhi. Paragraph

17.6 to 17.18 of the charge-sheet have been placed before

this Court.

9. It is submitted that details of transactions

conducted by the suspect, This appellant is close associate

of accused Sarfaraz@Muzaffar Ahmad Wani through his

Binance ID were analyzed. It was found that the there has

been transfer of 1.99 USDT, 500 USDT and 500 USDT on

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14.06.2024, 02.07.2024 and 09.07.2024 respectively. The

recipient of the said crypto currency was identified as

Salman Muhammad, a resident of Kashmora, Pakistan. It is

stated that during investigation a mobile phone was seized

during search at the house of this appellant on 19.02.2025.

Analysis of the extracted data of device revealed that it was

used by him during the relevant period of the crime in the

instant case. The examination of the extracted data from the

mobile phone uncovered a Facebook chat dated 09.07.2024

between Md. Nazar Saddam (the appellant) and Muzaffar

Ahmad Wani @ Sarfaraz in which they discussed about

USDT (cryptocurrency). Another incriminating chat has

been found in which this appellant has discussed about the

mode of payment and it was decided that payments had to

be made in USDT or into account. During the investigation

the digital devices were seized from the residence this

appellant and several transactions have been revealed in the

technical analysis of the mobile number used by him. The

technical analysis has revealed that he travelled to

Anantnag, J&K on two occasions during March 2024 in

connection with the procurement of FICNs from Nepal and

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their subsequent supply to this Sarfaraz@Muzaffar Ahmad

Wani in Anantnag, J&K, for circulation.

10. Learned ASG submits that so far as the plea of

the appellant that the seizure list has been prepared in

advance and the FIR has been lodged later on is concerned,

the learned trial court has discussed this aspect of the matter

in the impugned order and no fault may be found with the

same.

11. Referring to a recent judgment of the Hon’ble

Supreme Court in the case of Dr. Naresh Kumar Garg Vs.

State of Haryana and Ors. reported in 2026 INSC 176,

learned ASG submits that assuming without admitting that

there is a non-compliance with Section 105 BNSS, it cannot

be argued by the appellant that because of the said non-

compliance the recovery of fake currency from his

possession would not be proved. The recovery would not

become illegal.

12. Learned ASG further submits that there may

be some delay in sending the fake currencies to the forensic

authority but that alone cannot be ground at this stage to be

looked into for purpose of grant of bail. In his submission,

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the plea of the appellant that he was not communicated as to

the grounds for his arrest has no basic foundations and this

issue is being raised at this stage. The appellant never

moved any competent court of law immediately after his

arrest and from the impugned order also it would appear

that this issue was raised/canvassed before the trial court.

13. It is submitted that the charges have already

been framed in this case and custody of the appellant is not

such that the ratio of the judgment in the case of Sheikh

Javed Iqbal @ Ashfaq Ansari @ Javed Ansari (supra)

which has been relied upon by the appellant would help the

appellant at this stage. In the said case, the Hon’ble

Supreme Court exercised its constitutional power and

release the appellant considering that he was in custody for

9 years and during this period of 9 years only two charge-

sheet witnesses were examined. That is not the issue or case

here.

14. We have heard learned senior counsel for the

appellant and learned ASG for the NIA and perused the

records. The learned trial court has passed the impugned

order after dealing with the pleas of the appellant with

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regard to preparation of the seizure list. It has been noticed

that in course of evening patrolling the accused persons

were intercepted, they tried to escape but they overpowered

and caught. From their separate possessions various

amounts of currency in the denomination of Rs.500/-

having a total face value of Rs.1,95,000/- were seized.

Certain disclosures were made by the accused persons.

They revealed that the consignment of FICN is being taken

to Jammu & Kashmir via Delhi to be handed over to one

Sarfaraz@Muzaffar Ahmad Wani. They further revealed

that they have been continuously indulging in such

procurement and delivery of consignment of FICN on

previous occasions.

15. The charge-sheet available on the record has

enlisted the role and activities played by the appellant. We

have referred some of the paragraphs which have been

placed before us. The investigation has found several

money transactions between the accused persons and it has

been found that this appellant had received the money in

bank account from Sarfaraz@Muzaffar Ahmad Wani for

supply of FICN. The technical analysis of the mobile of the

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said accused has revealed several incriminating materials

which prima-facie establishes that this appellant was

involved in the procurement of FICN. The chats of device

between Sarfaraz@Muzaffar Ahmad Wani and the appellant

revealed their conspiracy to bring Indian currency notes.

Several incriminating voice clips were found in the

electronic devices seized during the search conducted on

19.02.2025 in the instant case. Specimen voice samples of

this appellant and Sarfaraz@Muzaffar Ahmad Wani have

been obtained and sent to CFSL, New Delhi for comparison

with the incriminating audio clips recovered from the seized

devices. In one of the audio clips, security features of Indian

currency, including optical variable effects, transparency

features, etc. are discussed.

16. On going through the materials available on

the record, we find no reason to take a view that there is no

prima-facie evidence against the appellant. The mandate of

proviso to sub-section (5) of Section 43D clearly puts an

embargo on granting of bail if the court is of the opinion

that there are reasonable grounds for believing that the

accusation against such person is prima-facie true. In this

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case not only the cognizance of the offences has been taken

by the learned court below, in fact even charges have

already been framed, therefore, it is evident that there are

sufficient materials on the record which satisfied the test of

cognizance and framing of charge.

17. We are of the opinion that so far as judgment

of the Hon’ble Supreme Court in the case of Sheikh Javed

Iqbal @ Ashfaq Ansari @ Javed Ansari (supra) is

concerned, it is not going to help the appellant because the

facts mentioned in the said judgment in paragraphs ‘7’ and

‘8’ would clearly show that in the said case the accused-

appellant had remained in custody for 9 years, charges were

framed in the year 2016 but during 9 years incarceration of

the appellant only two witnesses were examined. The

present case is clearly distinguishable. The appellant is in

custody only since 05.09.2024.

18. The submission of learned senior counsel for

the appellant as regards certain violation of the procedures

in the matter of search and seizure and non-sending of the

currency notes to the FSL cannot be a ground to be

considered at this stage for purpose of bail.

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19. The effect of those and the nature of the

requirement of those provisions may only be considered at

the stage of the trial.

20. In our considered opinion, the appeal has no

merit. It is dismissed accordingly.

21. It is expected that the trial court shall proceed

with the trial expeditiously and all endeavours be made to

conclude the same as early as possible.

arvind/-

(Rajeev Ranjan Prasad, J)

( Praveen Kumar, J)

U T