Case Note & Summary
The applicants, Latesh Kumar Ganeshbhai Patel and another, filed an application under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking quashing of an FIR registered at Bhivandi Taluka Police Station for offences under Section 124 of the Maharashtra Police Act, 1951 and Section 52 of the Motor Vehicles Act, 1988. The FIR was based on an incident on 3rd March 2016 when police personnel on patrolling duty stopped a Scorpio vehicle and found hidden drawers containing cash of Rs.2,84,50,000/-. The applicants, who were occupants of the vehicle, could not give a satisfactory explanation for the cash. A chargesheet was filed on 13th January 2016. The applicants challenged the FIR and chargesheet on the ground that no prima facie offence was made out. The court allowed the applicants to argue on merits as the remedy of discharge was not available. The court examined the provisions of Section 124 of the Maharashtra Police Act, which requires that the property be reasonably suspected to be stolen or fraudulently obtained. The court found that there was no material to show that the cash was stolen or fraudulently obtained; the mere fact that the applicants could not give a satisfactory explanation did not attract the offence. Regarding Section 52 of the Motor Vehicles Act, the court noted that it deals with alteration of a vehicle, and there was no allegation of any alteration. Consequently, the court held that no offence was made out and quashed the FIR and chargesheet. The court also directed that the cash amount be returned to the applicants subject to verification of ownership and compliance with other laws.
Headnote
A) Criminal Procedure Code - Quashing of FIR - Section 482 CrPC - Inherent Powers - FIR and chargesheet quashed where no prima facie offence under Section 124 Maharashtra Police Act or Section 52 Motor Vehicles Act was disclosed - Held that mere possession of cash without satisfactory explanation does not attract Section 124 unless there is material to show it is stolen or fraudulently obtained (Paras 1-10).
B) Maharashtra Police Act - Offence under Section 124 - Possession of Property Suspected to be Stolen - Section 124 requires that the property is reasonably suspected to be stolen or fraudulently obtained - Mere carrying of cash without explanation does not satisfy this requirement - Held that the provision cannot be used to detain persons merely for carrying cash (Paras 5-10).
C) Motor Vehicles Act - Alteration of Vehicle - Section 52 - Section 52 deals with alteration in a motor vehicle, not with carrying cash - No allegation of alteration in the FIR - Held that Section 52 is not attracted (Paras 5-10).
Issue of Consideration
Whether the FIR and chargesheet for offences under Section 124 of the Maharashtra Police Act, 1951 and Section 52 of the Motor Vehicles Act, 1988 can be quashed when the allegations merely state that the applicants were carrying a large amount of cash and could not give a satisfactory explanation, without any material to show that the cash was stolen or fraudulently obtained.
Final Decision
The court allowed the application and quashed the FIR and chargesheet. The court directed that the cash amount of Rs.2,84,50,000/- be returned to the applicants subject to verification of ownership and compliance with other laws, including the Income Tax Act.
Law Points
- Section 124 Maharashtra Police Act
- 1951 requires possession of property reasonably suspected to be stolen or fraudulently obtained
- mere carrying of cash without satisfactory explanation does not constitute an offence under Section 124
- Section 52 Motor Vehicles Act
- 1988 deals with alteration of vehicle
- not with carrying cash
- FIR and chargesheet liable to be quashed under Section 482 CrPC when no prima facie offence is disclosed
Case Details
2017 LawText (BOM) (03) 34
Criminal Application No.768 of 2016
A.S. Oka, Smt. Anuja Prabhudessai
Shri Meghashyam Kanoji Kocharekar along with Mrs. Prabha Badadare for the Applicants; Dr. F.R. Shaikh, APP for the Respondent State
Mr. Latesh Kumar Ganeshbhai Patel and Another
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Nature of Litigation
Criminal application under Section 482 CrPC for quashing of FIR and chargesheet
Remedy Sought
Quashing of FIR registered for offences under Section 124 of Maharashtra Police Act, 1951 and Section 52 of Motor Vehicles Act, 1988, and the chargesheet filed therein
Filing Reason
The applicants were found in possession of a large amount of cash (Rs.2,84,50,000/-) in a Scorpio vehicle and could not give a satisfactory explanation; they were arrested and chargesheeted
Issues
Whether the FIR and chargesheet for offences under Section 124 of the Maharashtra Police Act, 1951 and Section 52 of the Motor Vehicles Act, 1988 are liable to be quashed when the allegations merely state that the applicants were carrying a large amount of cash and could not give a satisfactory explanation, without any material to show that the cash was stolen or fraudulently obtained.
Submissions/Arguments
The applicants argued that no prima facie offence under Section 124 of the Maharashtra Police Act is made out as there is no material to show that the cash was stolen or fraudulently obtained; mere inability to give satisfactory explanation does not attract the provision.
The applicants argued that Section 52 of the Motor Vehicles Act deals with alteration of a vehicle and has no application to the facts of the case.
The State opposed the application, submitting that the FIR and chargesheet disclose a prima facie case.
Ratio Decidendi
For an offence under Section 124 of the Maharashtra Police Act, 1951, there must be material to reasonably suspect that the property in possession is stolen or fraudulently obtained. Mere possession of cash without a satisfactory explanation does not constitute an offence under this provision. Section 52 of the Motor Vehicles Act, 1988 deals with alteration of a vehicle and is not attracted when there is no allegation of alteration. Therefore, when no prima facie offence is disclosed, the FIR and chargesheet are liable to be quashed under Section 482 CrPC.
Judgment Excerpts
The prayer in this Application under Section 482 of the Code of Criminal Procedure, 1973 (for short 'CrPC') is for quashing the First Information Report (for short 'FIR') registered for the offence punishable under Section 124 of the Maharashtra Police Act, 1951 ( for short 'the said Act of 1951') and Section 52 of the Motor Vehicles Act, 1988 ( for short 'the said Act of 1988').
We have allowed the learned counsel appearing for the Applicants even to argue on merits of the chargesheet as a remedy of applying for discharge is not available.
The first informant is a Police Constable attached to Bhivandi Taluka Police Station.
The total cash found was of Rs.2,84,50,000/.
It was suspected that the cash amount had been fraudulently obtained by the Applicants by illegal means.
The Applicants were arrested in purported exercise of power under Clause (d) of Subsection (1) of Section 41 of the CrPC.
Procedural History
FIR was registered on 3rd March 2016. The applicants were arrested on the same day. On 4th March 2016, a remand report was submitted before the learned Judicial Magistrate, First Class at Bhivandi. A chargesheet was filed on 13th January 2016. The applicants filed Criminal Application No.768 of 2016 under Section 482 CrPC for quashing the FIR and chargesheet. The application was heard on 23rd March 2017 and judgment was pronounced on 24th March 2017.
Acts & Sections
- Code of Criminal Procedure, 1973 (CrPC): Section 41, Section 482
- Maharashtra Police Act, 1951: Section 124
- Motor Vehicles Act, 1988: Section 52
